Boss given 3 year jail term after workplace fatality
July 21st 2009
The boss of a construction company has been sentenced at the Old Bailey to three years in prison for the manslaughter of 15-year-old casual labourer Adam Gosling.
Colin Holtom (trading as Maldon Groundworks), who pleaded guilty to the offence last week, was described as having a “laissez faire” attitude to health and safety, and never provided workers with basic equipment such as hard hats, protective boots and safety goggles, the court heard.
Adam and his 18-year-old brother Dean had been left unsupervised to knock down a 7m high wall. They were given sledgehammers and a pneumatic hammer but no instructions on how to complete the work.
The wall subsequently collapsed, killing Adam instantly. Martyn Bowyer, prosecuting, said that Adam was earning £25 a day working alongside his brothers and told the court that "Mr Holtom left Adam Gosling in a situation that exposed him to an obvious risk of harm when he owed him a duty of care not to do that.
"Colin Holtom was not present when the wall collapsed. Had he been present, as he should have been, we say Adam might have been alive today."
The project manager for the site, Darren Fowler, was also jailed for nine months with three months suspended after pleading guilty to health and safety charges and working while disqualified from being a company manager.
Detective inspector Pete Basnett of the Homicide and Serious Crime Command said“Holtom left two inexperienced young workers working at a wall already deemed to be dangerous without supervising them or giving proper instructions on how the work was to be carried out. Even when Adam approached him halfway through the demolition to seek advice as the wall was beginning to move, Holtom still took no action and didn't even go to inspect the danger area.
"While Fowler was not on site he had known as early as April 18 that the wall was dangerous as proved by an email he sent to his client.
"What makes this case particularly tragic is that Adam's brother witnessed his death first-hand."
Simon Hester, the investigating inspector from the Health and Safety Executive, said"The management and set-up of this small construction project was appalling. Adam Gosling should never have been there at all as 15 year olds have been banned from working on construction sites since 1920.
"There was a complete disregard for basic health and safety requirements – inadequate personal protective equipment, no risk assessments, no training and minimal supervision. There were no welfare facilities on site and the workers were not even covered by Employees Liability Insurance."
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