A construction company based in Scotland has been fined £800,000 for safety failures which led to the death of a child.

Shea Ryan died after falling down a manhole on a construction site in Drumchapel, Glasgow.

The construction site was part of a surface water management project being carried out adjacent to Glenkirk Drive in the Drumchapel area of Glasgow on behalf of Glasgow City Council.

The 10-year-old was out playing with his friends on the evening of 16 July 2020 when he bypassed insecure fencing around the site and fell 6 m down an open manhole cover situated close to a children's play area.

LACK OF SAFETY MEASURES

An investigation by Police Scotland and the Health and Safety Executive (HSE) found insufficient measures had been taken to prevent children gaining access to the construction site.

The company in charge of the site, RJ McLeod (Contractors), had failed to carry out a suitable and sufficient assessment of the risk of unauthorised persons gaining access to the site, which resulted in a failure to adequately inspect and maintain suitable perimeter fencing, and install other suitable security measures.

'Shea should never have been able to get on to and play on that site,' said HSE principal inspector Graeme McMinn. 'The security measures should have taken account of the adjacent children’s play park and the likelihood of children trying to gain access.'

He said the construction industry must do everything it can to keep children out of construction sites and 'away from danger to prevent a tragedy such as this happening again'.

RJ McLeod (Contractors) admitted breaching health and safety legislation by failing to ensure the safety of those not in their employment. As well as the £800,000 fine, the firm was ordered to pay a £60,000 victim surcharge earlier this month.

Several measures to increase safety have since been put in place, the company's legal representatives told the court.

ADMITTING LIABILITY

A spokesperson for RJ McLeod said the firm 'fully accepts the outcome and ruling of the court'.

They added: 'We extend our condolences to the family of Shea Ryan.

'We have carried out a comprehensive review of the event and have taken action to protect against the risk of a re-occurrence.

'We fully co-operated and engaged with the investigating authorities and note that the Crown Office and Procurator Fiscal Service [COPFS] explained in court the actions we took immediately following the incident.

'Safety is always our top priority and site safety updates are implemented across the business on an ongoing basis.'

A PREVENTABLE DEATH

'The untimely death of child is particularly tragic, and our thoughts are with Shea’s family as they continue to deal with the pain they have suffered following his death,' said Debbie Carroll, who leads on health and safety investigations at COPFS.

'His death could have been prevented had RJ McLeod put in place suitable and sufficient measures to manage the risk of children accessing the site.

'This prosecution should remind duty holders that a failure to manage and implement effective measures can have fatal consequences and they will be held accountable for this failure.

'It is important that any learning, to help prevent deaths in a similar situation, is put in the public domain and there will be a fatal accident inquiry into the full circumstances of Shea’s death in due course.'

Comment: "Consideration and provisions being put in place for adquate fencing solutions to the exterior of the workplace, and providing sufficient fall protection barriers, and/or steel plates installed over any voids, to prevent falls would have mitigated the unfortunate outcome."

Source: IOSH Magazine