ROUND-UP A building management company has been fined £1.3m after a woman was killed by a large wooden panel that blew off a redundant water tank on a roof during Storm Doris in 2017. Tahnie Martin, was walking with a work colleague past the Mander Centre, in Dudley Street, Wolverhampton, on 23 February, when she was hit by the debris. Cushman & Wakefield Debenham Tie Leung Ltd (C&W) – previously known as DTZ – had been the managing agent for the retail centre since September 2012, and was responsible for managing and maintaining the building. It pleaded guilty to an offence, under Section 3(1) of the Health and Safety at Work Act 1974, of failing to conduct its undertaking in such a way as to ensure, so far as was reasonably practicable, that members of the public were not exposed to material risk to their health and safety. City of Wolverhampton Council’s investigation established that C&W had failed to identify for planning and risk assessment purposes the brick structures to which the wooden panel was attached – despite the fact that they were visible from its offices and car park, and the company had included them in various reports it had commissioned. As a result, it did not conduct a suitable and sufficient risk assessment, and the structures were not inspected or maintained in any way while under C&W’s charge. The company also failed to manage/supervise its staff sufficiently well to ensure the above duties were discharged. In passing sentence at Wolverhampton Crown Court on 2 July 2019, Mrs Justice Carr DBE said the heavy wooden panel and other large wooden items ‘were simply blown away’ in 59mph winds, as the parts intended to secure them to a brick structure on top of the plantroom roof were ‘entirely’ rotten and corroded. One panel, measuring 130cm x 122cm, ended up on the roof of the O2 building of the Mander Centre and the other – measuring 130cm x 162cm – reached street level, striking Ms Martin. Her death was due to the lack of maintenance of the building, and CCTV footage showed that there could easily have been more fatalities or injuries; five minutes before the accident, 88 adults, three teenagers and 10 children passed under the building. Taking into account mitigating factors and the company’s early guilty plea, a reduction from an initial fine of £2.5m was given, and a penalty of £1.33m was imposed. Credit: Linda Fletcher, lead investigator and senior Environmental Health officer, City of Wolverhampton Council ROUND-UP AWARE OF CRIME? REPORT IT ANONYMOUSLY TO TRADING STANDARDS The level playing field that nurtures and promotes economic growth and development for businesses, locally and nationally, is maintained by Trading Standards. It partly does this by offering advice and assistance to honest and legitimate traders who request guidance on legislation, and by assisting those traders who need a little help to become compliant. Where businesses choose to trade outside the law and ignore the advice and guidance given, Trading Standards tackles them by using appropriate enforcement action. A lack of willingness and cooperation to comply with trading law – and any engagement in criminal activity – undermines and harms legitimate trade. This inevitably leads to honest businesses being disadvantaged and having to compete against traders who offer inferior goods and services. To survive, the honest business may be forced to lower its standards or its quality of product, resulting in unsatisfied consumers. Left unchecked, this leads to a loss in consumer confidence, and has resulted in certain trade sectors being mistrusted. By working with Trading Standards, legitimate businesses that believe their sector is being damaged and undermined by unscrupulous traders can help focus and target Trading Standards’ resources, and reduce the harm being inflicted upon their profession. Those who believe their profession’s reputation is being damaged and undermined by illegitimate traders working outside the law can report them via the anonymous, automated hotline 0300 303 2636, or by using the online reporting system. www.centsa.org.uk/ Report foul play to create a level playing field for all. Credit: Brandon Cook, Trading Standards officer BUSINESS MATTERS Trading Standards is committed to making it easier for businesses to comply with the law – and Trading Standards Business News (TSBN) is one of the ways it is doing just that. Formerly called Trading Standards News, this publication focuses on topics that are relevant to people running businesses, and aims to help them operate safely and efficiently while staying within the law. If you are viewing this edition on a web browser, you can download the TSBN app for Apple, Android and Amazon devices. Firm fined £1.3m over falling debris death For further information please contact your local Trading Standards Service The parts intended to secure the wooden panel were ‘entirely’ rotten and corroded AUTUMN 2019 ROUND-UP