Bangor building contractor fined following the death of worker on house building site

Date published: 27 May 2021

The Health and Safety Executive Northern Ireland (HSENI) has successfully led a prosecution against Nickell & Richmond Limited, resulting in fines totalling £40,000. The Bangor based company pleaded guilty at Belfast Crown Court to a total of four health and safety offences which resulted in the death of a worker at a house building site in Jordanstown.

Latest prosecution result

The prosecution arose as a result of an HSENI investigation into the incident which took place on 22 June 2018 when Mr Terrence McCloud from Belfast, aged 46, fell approximately 2.8 metres through an opening on the first floor where a staircase was to be built. Mr McCloud died later as a result of his injuries.

Speaking after sentencing, HSENI Principal Inspector Kyle Carrick, said: “Working at height incidents are avoidable. All contractors must ensure that robust measures are put in place to prevent falls which can all too often result in serious injury or death.”

The HSENI investigation found that the company had earlier placed trestles and barrier tape to mark out and prevent access to the stairwell. The safety measures in place at the time of the incident were not sufficient to prevent Mr McCloud or any other person from falling.

Kyle Carrick added: “Internal openings represent a serious hazard but simple measures such as fitting guardrails or secure boarding may be all that is required to prevent a tragedy.”

The investigation also found that the company had not carried out a suitable and sufficient risk assessment and had failed to plan, manage and monitor the construction phase of the house building project.

Further advice on working at height and preventing internal falls can be found on the HSENI website at the following link:

Notes to editors: 

1. Breaches and fines for Nickell & Richmond Ltd are as follows:

a) Article 5(1) of the Health and Safety at Work (Northern Ireland) Order 1978, fine £10,000

b) Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations (NI) 2000, fine £10,000

c) Regulation 13 of the Construction (Design and Management) Regulations (Northern Ireland) 2016, fine £10,000

d)Regulation 6(3) of the Work at Height Regulations (Northern Ireland) 2005, fine £10,000

2. For media enquiries please contact: HSENI Press Office on 028 9024 3249 or email media@hseni.gov.uk. For out of office hours please contact the Duty Press Officer on 028 9037 8110.

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