Health and Safety Failings – Unsafe construction work leads to company fine

Unsafe construction work leads to company fine

Key Facts:

• The HSE launched an investigation into a construction firm after site workers lodged a complaint about unsafe practices.
• Key safety failings were identified, including unsafe excavation works, lack of valid Employers Liability Insurance, and unsafe work at height.
• The company was fined £10,000 and costs of £1,213.

The Case:

The HSE launched an investigation into the practices of a construction firm, after it was found to have been exposing workers to unnecessary risks and unsafe practices during construction work undertaken from July 2013 to January 2014.

The HSE first visited the site after a complaint was lodged by workers at the site regarding unsafe excavations being undertaken, leading to a serious risk of collapse.

Several key health and safety failings were identified:

• A basement excavation was undertaken without the use of any propping or temporary works to provide support.
• The firm did not hold any valid Employers Liability Compulsory Insurance. This is a legal requirement in order to prevent the risk of falls from height.
• Safety failings were also identified in work at height, with the risk of falls being poorly managed.

Two Prohibition Notices were served to the construction firm in January 2014 in order to prevent the risk of falls from height.

The case was heard at Westminster Magistrates’ Court on 26 March 2015, where the firm pleaded guilty to a single breach of the Health and Safety at Work Etc. Act 1974. They were fined £10,000 and costs of £1,213.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Pete Collingwood stated that:

“The dangers posed by unsupported excavations are well known in the construction industry, and it should have been abundantly clear that the provision and use of shoring was a basic necessity.

Later in the project measures in place to protect against falls from height were found to be inadequate on two separate visits to site. To compound this, the contractor had no Employers Liability Insurance in the event of an accident occurring.

Every employer should ensure that workers have the basic right to work in a safe environment. FN Property Ltd fell some way short in this regard.”

What the law states:

Section 2(1) of the Health and Safety at Work etc. Act 1974 states:

“It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

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