Construction company fined after child injured by falling cast iron soil pipe

A construction company and its director have been fined after being found guilty of safety breaches that resulted in a five-year-old child being injured by a falling cast iron pipe and convicted for failing to assess a foreseeable risk properly.

The incident occurred during building work on an extension to a house, close a local primary school. A cast iron pipe fell onto a passing child striking him on the head and fracturing his skull.

The builder had broken away the base of the pipe some days before to allow him to excavate into the concrete floor. When a TV cable was freed from the pipe, the top two sections of pipe, weighing over 45kg, fell across the pavement. The cast iron pipe was estimated to date from the 1930s, and both the pipe and the fixings were corroded.

An investigation by the Health and Safety Executive (HSE) found that the responsible parties, had failed to properly assess what was a foreseeable risk. In giving evidence, the director insisted that he could see no need to secure the pipe against the wall.

HSE provides a range of guidance and advice: Managing risks and risk assessment at work: Overview – HSE

The company and director were sentenced for breaches of Section 3(1) and Section 37 of the Health and Safety at Work etc. Act 1974, respectively. The director received a fine of £1,685, with 45 days’ imprisonment in default, and was ordered to pay costs of £10,436. Sage Homes Limited was fined £15,000. Both the company and director were also ordered to pay a victim surcharge.

After the hearing, the HSE inspector said: “Properly assessing risk to workers and members of the public is a vital part of any construction project.

“It would have been a simple and inexpensive task to secure the pipe once it had been broken out at its base. The fact that the construction work was being carried out yards from a school gate at the time parents were collecting their children should have prompted even more care on the part of the duty holder.

“This case should underline to everyone in the building trade that the courts, and HSE, take a failure to follow the regulations extremely seriously. HSE will not hesitate to take action against companies and their directors who do not do all that they should to keep people safe.”

This incident serves as a stark reminder of the importance of effective risk assessment and management in all construction and maintenance activities. The injuries suffered by the child could have been prevented through simple, low-cost precautions and proper adherence to health and safety regulations.

At Aegis, we understand that protecting workers, site visitors, and the public starts with a strong health and safety culture. Our consultants provide tailored support to ensure compliance with the Health and Safety at Work etc. Act 1974 and all relevant HSE guidance.

 For advice or support on managing health and safety in your workplace, contact Aegis today – and take proactive steps to keep your workforce and the public safe.