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Updated Jan 26, 2009

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Will scaffold defence stand up in court?

The Health and Safety Executive (HSE) is prosecuting three companies and one individual following its investigation into a fatal scaffolding collapse, at the McAteer & Rushe site in Milton Keynes, in April 2006.

McAteer & Rushe, Lee Smith Carpentry, NNM Scaffolding and its director John David King are all facing prosecution over alleged breaches of Health and Safety law.

John Robinson, a worker on the site, was killed when an independent tied perimeter scaffold collapsed. Two others, Mark Robinson and Ivan Peukov, suffered multiple injuries. In January 2008, the inquest Coroner recorded a narrative verdict confirming that Mr Robinson's death arose from injuries sustained as a result of the collapse. The HSE investigation centred on scaffold design, how the scaffold was braced, tied and inspected, and how it was loaded with materials. In 2006, the HSE issued a safety alert warning those working on similar projects about the importance of their arrangements to provide and maintain stable scaffolds.

McAteer & Rushe are being prosecuted as both an employer and as the principal contractor for the construction project at the site, and face a total of six charges. Lee Smith Carpentry face five charges, and is being charged as the employer of John Robinson and Mark Robinson. NNM Scaffolding also face five charges, with its director King facing four charges.

All parties will appear before Milton Keynes Magistrates' Court on 13 February 2009.


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