Building owner and sub-contractor in court for safety failings at former Brewery
An investigation by the Health and Safety Executive (HSE) into Optima (Cambridge) Ltd, the building’s owner and principal contractor on the refurbishment, and self-employed Dominik Jaslowski, who was acting as site manager, also revealed that workers were living in the building and one had contracted Legionnaire’s disease.
The court was told that on 5 November 2010, HSE was informed a workman had been diagnosed with Legionnaire’s disease and that workers had been using the building as overnight accommodation.
Three prohibition notices were served against Optima (Cambridge) Limited and two against Dominik Jaslowski preventing further use of the building as overnight accommodation and any further construction work. A further notice was also served against the company preventing further use of the hot water system and showers.
Optima (Cambridge) Ltd, of St Saviours Wharf, Mill Street, Southwark, London, pleaded guilty to breaching a number of Regulations including:
- Section 3(1) of the Health and Safety at Work etc Act 1974, for failing to protect those not in their employment;
- Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 for failing to prevent or adequately control exposure to legionella.
On Thursday 28 March the company was fined a total of £63,000 and ordered to pay costs of £16,000. Dominik Jaslowski, 32, of Patrick Road, Newham, London, pleaded guilty to breaching two counts of Regulation 13(2) of the Construction (Design and Management) Regulations 2007 Regulations for failing to plan, manage and monitor construction work.
He was given a three month prison sentence for each offence, to run concurrently, suspended for 12 months. He was also ordered to carry out 200 hours unpaid community work and pay costs of £3,500.
Speaking after the hearing, HSE inspector David Brassington made various points including:
“Dutyholders should assess the risk of legionella from hot and cold water systems within buildings undergoing refurbishment and ensure these risks are managed.”
Contact 3C for comprehensive advice and support regarding the ‘Control of Legionella’