The Health and Safety Executive (HSE) has prosecuted an East London property developer and a contractor from north London, after a builder was found dead on a site in circumstances consistent with a fall from height.

In March 2007, the body of Otari Davidovich Hudoyan – also from east London – was found at the site in East Hall Lane, Rainham in Essex. There were no witnesses to Mr Hudoyan’s death, but an investigation by the HSE found that his injuries were consistent with a fall from height.

HSE inspectors also that found that the site posed a number of health and safety risks to workers, including areas of the building where the floors and roofs had been stripped out.

My Hudoyan was directly employed by the principal contractor, Ali Aslan – who was contracted by property developer Kemal Has.

On 22 January, 2010, Mr Aslan, of Shelbourne Road, Haringey in north London pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

At the same hearing, Kemal Has of Windsor Avenue in Walthamstow, east London pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974.

On Friday (19/02/10) at the Central Criminal Court (Old Bailey) in London, Ali Aslan was fined £10,000 and ordered to pay £8,038 costs. Kemal Has was fined £15,000 and ordered to pay costs of £8,038.

Mr Aslan was found to have failed to ensure that work on site was carried out ‘in a safe manner’ – or that his workers had adequate training. Mr Aslan had also failed to plan the work being carried out at the site properly – and had not ensured the equipment was safe for workers to use.

Property developer Kemal Has was found to have failed to produce health and safety information about the nature of the building for his contractor. He had also failed to appoint a competent principal contractor, the HSE investigation found.

After Friday’s hearing, HSE inspector Helen Donnelly said that all construction sites needed to be ‘properly managed by competent contractors’.

‘This is a shocking and appalling example of a property developer and a contractor both disregarding the law, leading to a worker’s death,’ Ms Donnelly said.

She added that, had Mr Aslan and Mr Has complied with their health and safety obligations, ‘then Mr Hudoyan’s death could have been avoided’.

‘The risks of working at height are well-known – and falls from height remain the most

common cause of death in the construction industry,’ Ms Donnelly added.

© 5r1 Limited 2010