HSE successfully prosecutes property developer following a fatal fall through an unguarded opening.

A property developer has been fined a total of £100,000 for breaching health and safety rules.

The HSE prosecuted property developers Jeremy Freeman, Simon Freeman, Anne Freeman and contractor David J Mitchinson following the death of a worker at a refurbishment project in London W2.

Jason Lesaux died when he fell through a hole created so that materials could be raised through a Georgian mansion block. No edge protection had been erected around the opening and HSE inspectors found other areas on the site where workers could have fallen.

The HSE issued a prohibition notice after the incident closing the site.

HSE inspector Kevin Shorten said: “This is one of the worst sites I have ever seen. Small sites are the most dangerous and it is important that the contractor is sufficiently resourced to comply with safety regulations.”

Judge Stone said that Jeremy Freeman was advised on more than one occasion that safe practices were required. He said that Simon Freeman had the principal legal duty, which he failed to discharge.

Judge Stone said that Mitchinson was avoiding the costs necessary for the safe delivery of the project.

All four defendants pleaded guilty and were fined a total of £100,000 and ordered to pay costs of £40,000.