Kier had systems in place but failed to ensure that subcontractors complied with them. The subcontractor, JHH Engineering Ltd, was also fined, but a much lesser sum of £30,000.
Southwark Crown Court how, on 1st December 2014, Kier Facilities Services Ltd, as facilities manager, asked JHH Engineering to fix a leak that had been identified on a flat roof at Downsell Primary School.
While doing the repair work, the JHH employee fell, suffering a life-changing head injury. He has been left with severe cognitive effects including memory loss, behavioural and mood changes, and a reduced ability to care for himself.
An investigation by the Health & Safety Executive (HSE) found that site-specific planning was not requested from JHH Engineering Ltd, nor provided, and that the work was not monitored. Kier failed to implement its own work at height procedures and ensure subcontractors were vetted. The investigation also found the roof was accessed by the JHH employee using an unsecured, damaged ladder of insufficient length which was missing its rubber feet and stability bar. No harness was found, and the employee had not used the fall restraint system provided by Kier while on the roof.
JHH Engineering Ltd of Mechanics Workshop, New Lanark, pleaded guilty to breaching Section 2(1) of HSWA 1974. It was fined £30,000 and ordered to pay costs of £5,967.12.
Kier Facilities Services Ltd of Tempsford Hall, Sandy, Bedfordshire pleaded guilty to breaching Section 3(1) of HSWA 1974. It was fined £200,000 and ordered to pay costs of £5,923.72