Health and Safety Failings – Unsafe basement work leads to building collapse

Unsafe basement work leads to building collapse

Key Facts:

• Two brothers have been prosecuted for unsafe basement work practices that led to the collapse of a building.
• The HSE said that it was remarkable that no one was killed in the incident.
• The structural damage was so dangerous that the council had to demolish the building.
• The brothers were fined a combined £82,000, costs of £100,000, and each given a 12 month custodial sentence.

The Case:

Two brothers (RH and NH) have been prosecuted as a result of a series of health and safety failures that led to a building collapse on 23 March 2013.

The court heard that the ‘incompetent’ builders destabilised the structure of a building whilst working to refurbish the basement. The basement work involved lowering the basement floor and removing a series on internal walls. Whilst this was being carried out, the central wall was undermined, causing its collapse. As a result, the floors of the flats above and the front wall caved in. Three people were injured.

Two residents and a builder suffered minor injuries, and the immediate area had to be evacuated. 20 people were left temporarily homeless as a result, and the structural damage was so dangerous that Sheffield Council were forced to demolish the building. The HSE said it was remarkable that no one had been killed in the incident.

The HSE investigation found that the work was poorly planned and badly managed. The brothers were not competent to carry out the work. They were responsible for several safety failings, crucially that there were no controls in place to support the building whilst the work was undertaken. NH had been issued enforcement notices from the HSE on a previous job – again relating to failures to adequately plan the work.

The case was heard at Sheffield Crown Court on 13 April 2015. RH pleaded guilty to a breach of the Health and Safety at Work etc Act 1974, a breach of the Construction (Design & Management) Regulations 2007 and a breach of the two Prohibition Notices issued on 15 May 2013. He was fined £42,000 and costs of £40,000, and given a 12 month custodial sentence.

NH pleaded guilty to a breach of the Health and Safety at Work etc Act 1974 and a separate breach of the same Construction Regulations. He was fined £40,000 plus costs of £60,000 and given a 12 month custodial sentence.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Dave Redman stated that:

“All three people injured in this avoidable incident were fortunate not to have been killed. One was saved by a table that had fallen across his body and shielded him from falling debris. 

But their narrow escapes owed more to luck than judgement on the part of the defendants, Rizwan and Naveed Hussain. Both acted incompetently in dealing with the project and fell woefully below acceptable standards.  

When carrying out major building alterations it is imperative that skilled structural engineers are employed to advise on the temporary supports needed. It is equally important that competent contractors are then used to ensure that those supports are correctly used for the duration of the work. 

The risks associated with this type of project are well-known in the construction industry and they are significant.  Where competent people are not used and inadequate controls are employed there is always a risk of a catastrophic collapse and multiple fatalities.”     

His Honour Judge Murphy, sentencing, remarked: “”It was little short of a miracle that more people were not seriously injured or killed. This was a very serious incident “caused by your arrogance and greed. 

A statement needs to be made to people undertaking such projects” in relation to the importance of health and safety. The public would be appalled at anything less than a custodial sentence.” 

What the law states:

Section 3(2) of the Health and Safety at Work etc Act 1974 states:

“It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.”

Regulation 28(1) of the Construction (Design & Management) Regulations states:

“All practicable steps shall be taken, where necessary to prevent danger to any person, to ensure that any new or existing structure or any part of such structure which may become unstable or in a temporary state of weakness or instability due to the carrying out of construction work does not collapse.” 

Section 33(1)(g) of the Health and Safety at Work etc Act 1974 makes it an offence

“to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal).” 

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