Health and Safety Failings – Construction firm fined for unsafe basement work

Construction firm fined for unsafe basement work

Key Facts:

• A construction firm have been fined after an HSE clampdown on poor safety conditions in basement projects.
• An unexpected HSE visit identified serious safety failings at the construction firm’s site, where workers lives were put at risk.
• The firm was fined £13,400 plus costs.

The Case:

A construction firm have been fined after serious safety issues were identified on a basement excavation site. An HSE clampdown on poor safety conditions on basement projects led to a series of unannounced inspections such as this.

The HSE inspector found that the construction firm’s workers were exposed to seriously dangerous conditions. Employees were being made to work in and around basement excavations up to four metres deep that were not properly supported. No safe systems of work were in place at the site – there was no temporary works engineer, a lack of clear and competent site management, and there was no adequate shoring and propping of the excavations. The construction firm’s workers lives were put at risk.

The case was heard at Westminster Magistrates’ Court in May 2015 where the construction firm pleaded guilty to breaching Regulation 31(1) of the Construction (Design and Management) Regulations 2007. They were fined £13,400, plus costs of £4,719.

What the HSE inspector had to say:

Speaking after the hearing, HSE Inspector Dominic Long stated:

‘Conditions on this site were appalling with deep unsupported excavations throughout the basement. This not only put the large number of operatives in the basement at risk of death but could also have led to the collapse of the building itself.

‘Darma Limited showed scant regard for the safety of the workers they were responsible for, it was extremely fortunate no-one was seriously injured or killed.

‘HSE will take robust action against any company or individual putting lives at risk. This prosecution along with the level of fine demonstrates that companies willing to disregard the safety of workers should expect to face severe consequences.’

What the law states:

Regulation 31(1) of the Construction (Design and Management) Regulations 2007 states:

All practicable steps shall be taken, where necessary to prevent danger to any person, including, where  necessary, the provision of supports or battering,to ensure that—(a) any excavation or part of an excavation does not collapse; (b) no material from a side or roof of, or adjacent to, any excavation is dislodged or falls; and (c) no person is buried or trapped in an excavation by material which is dislodged or falls.

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