Health and Safety Executive (London): Company Fined After Security Guard Dies From Carbon Monoxide Poisoning

A London construction company and a security company manager have been fined after a security guard died from carbon monoxide poisoning while at a work.

The Heath and Safety Executive (HSE) prosecuted Precis Holdings Ltd and Mr Obioma Chukwudi for their parts in the incident.

The City of London Magistrates’ court heard that Victor Etu, 36, was working as a security guard at Dover House, Morden Road, Mitcham. The semi-derelict building was due to be turned into a self-storage facility, with Precis Holdings Ltd managing the refurbishment. Precis Holdings Ltd contracted Crimeforce Security Ltd (a company which has since been dissolved), to provide 24-hour security to the site, who engaged Mr Etu as a self-employed security guard.

A petrol-powered electricity generator had been provided by Precis Holdings Ltd to power a portable heater and lights, as there was no electricity supply to the building.

On the 16 February 2008, Mr Obioma Chudwudi, the manager of Crimeforce Security Ltd, attended the site at about 1.45pm. He had not heard from Mr Etu who was on the night patrol shift and had been due to call in at 6am. Mr Etu was found lying on the floor in an office on the second storey of the building. The generator was found in another room off the same corridor. An ambulance was called and Mr Etu was declared dead at the scene.

The post mortem examination stated that Mr Etu died from carbon monoxide poisoning.

The HSE investigation showed that Precis Holdings Ltd failed to take reasonable measures to ensure, so far as was reasonably practicable, that the generator provided for their use was safe and without risks to the health of the security guards.

Mr Chukwudi failed to take effective steps to ensure that the petrol generator provided for the use of security guards was not operated within the building and he did not carry out or implement the findings of a risk assessment for the provision of a 24-hour security presence. He also had not provided Mr Etu with appropriate information, instruction and supervision in respect of the use of the generator.

HSE Inspector, Loraine Charles said:

“Mr Etu’s death in such distressing circumstances would have been completely avoidable had either Precis Holdings Ltd or Mr Chukwudi given sufficient thought to the implications of putting Mr Etu to work, alone, guarding this large empty building - or taken effective steps to prevent the operation of the generator inside the building.”

Precis Holdings Ltd of Park Lane, Westminster pleaded guilty to breaching Section 4(2) of the Health and Safety at Work etc Act 1974. The company was fined £60,000 and ordered to pay costs of £24,515.

Obioma Chukwudi of Iona Cresent, Slough, Berkshire, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974. He was fined £30,000 and ordered to pay costs of £15,000.

Note to editors:

1. The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It aims to prevent death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Section 3(2) of the Health and Safety at Work etc Act 1974 states: “It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.”
3. Section 4(2) of the Health and Safety At Work etc Act 1974 states: “It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of access in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health.”
4. HSE press releases can be found at: http://www.hse.gov.uk/press/press.htm
5. For further information on engine exhaust fumes please see:http://www.hse.gov.uk/pubns/indg286.htm

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