Contractor fined £800,000 after boy died in manhole

A construction firm has been fined £800,000 after health and safety failures led to the death of a 10-year-old boy at one of its sites.

Shea Ryan and other children entered RJ McLeod’s site at Drumchapel in Glasgow, which is next to a play park, on 16 July 2020 through insecure fencing. Shea began to climb a ladder into an uncovered manhole but slipped and fell.

After the other children raised the alarm, he was found in the pipe at the foot of the manhole with severe head injuries, and was pronounced dead later that evening.

RJ McLeod, which had been undertaking a surface-water-management project on behalf of Glasgow City Council, pleaded guilty to breaching health and safety laws.

At Glasgow Sheriff Court on Friday (14 April), Sheriff Matt Jackson said the company had “failed to adequately inspect and maintain suitable perimeter fencing and other site-security measures” to prevent unauthorised access to the site.

He added that the firm’s risk assessment “failed to identify the risks presented by the proximity of the play park”.

A report by health and safety expert Michael Thompson concluded that the security of the fencing should have been subject to a specific risk assessment and control measures.

Jackson said that the fence next to the play park “appears to have been breached on a regular basis” and that RJ McLeod should have put “more robust fencing” in place. He also pointed out that there was no formal system for monitoring damage to the fence.

But the sheriff added that aside from the “considerable lapse” that led to Shea’s death, overall, the company “approaches the area of health and safety with rigour and competence”, adding that “in a sense, that makes this tragic error all the more troubling”.

Since the incident, the company has introduced a requirement to use double fencing where a site is near a play park or similar space.

The firm’s early plea led to a reduction of one-third to its possible fine. In addition to the fine, it must pay a victim surcharge of £60,000.

RJ McLeod reported a pre-tax profit of £25m in the year to October 2021, with turnover increasing from £105m in the previous year to £192m. The firm, which works in sectors including roads, marine, infrastructure and energy, employed an average of 473 people that year.

Graeme McMinn, principal inspector at the Health and Safety Executive, said: “The construction industry should be aware that some children can be drawn to construction sites as exciting places to play.

“It must do everything it can to keep them out of construction sites and away from danger to prevent a tragedy such as this happening again.”