A construction company has been fined after HSE inspectors found unsafe working at height practises and other unsafe site operations during a routine inspection.

Kidderminster Magistrates’ Court heard that on 8 October 2019, a routine inspection was undertaken at a construction site in Redditch, Worcestershire following a report of a fall from height. During the inspection there was evidence of poor management of work at height, and numerous other uncontrolled site safety risks. This included unsafe work on a flat roof where there was no edge protection as required by the regulations to prevent a fall from height, despite there having been a fall from the same flat roof eight days earlier.

Prohibition Notices were served immediately in response to the work at height breach and for unsafe access and egress into the building. An Improvement Notice was served in relation to planning for work at height and a Notification of Contravention was also served for other identified failings.

SSF Construction Limited of The Old Foundry, Ash Street, Bilston, West Midlands pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005 and Regulation 13(1) of the Construction (Design and Management) Regulations 2015. They were fined £48,000 and ordered to pay costs of £3,443.

Speaking after the hearing, HSE inspector Chris Gregory said: “The company had not learnt the lesson from the recent fall from height and failed to ensure that appropriate fall prevention or mitigation measures had been put in place, so there was the potential for further falls from height and serious injuries or fatalities. Other significant risks identified during the inspection confirmed a widespread failure to manage and monitor the site to protect workers and others from foreseeable risks.

“Those in control of work have a responsibility to ensure that work activities are appropriately planned, managed and monitored, and that suitable control measures are both identified and implemented.

“HSE will not hesitate to take proactive enforcement action against those that fall below the required standards – it is clear that in this case we were left with no choice but issue these notices and prosecute.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk
4. Further information for planning for construction work at height is available here: Construction – Assessing all work at height – HSE

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A buy to let property developer and company director have been fined for poor health and safety standards on their construction site in Cardiff.

Cardiff Magistrates’ Court heard that JNR Developers Limited had consistently performed below required health and safety standards over a period of 10 years, despite interventions from HSE and enforcement action to remedy poor practice.

Health and Safety Executive (HSE) inspections of refurbishment projects under the control of JNR Developers Limited in February, March and April 2018 uncovered serious management failings that had resulted in site activities being performed unsafely. Multiple risks were identified including structural safety concerns, unsafe work at height, poor electrical safety, substandard plant management and inadequate welfare that resulted in immediate enforcement action.

A subsequent HSE investigation into JNR Developers Limited and its director, Mehrdad Chegounchei, identified a long history of enforcement by HSE at construction sites under the control of Mr Chegounchei dating back over 10 years. The investigation also identified that poor safety management and leadership had continued at sites controlled by Mr Chegounchei, despite him receiving director health and safety training as a result of previous HSE enforcement action.

JNR Developers Limited, of Cyncoed, Cardiff pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £32,000 ordered to pay costs of £8,000.

Mehrded Chegounchei pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc Act 1974. He received a six months custodial sentence, suspended for twelve months, and ordered to undertake eighty hours of unpaid work.

Speaking after the hearing, HSE inspector John Caboche said: “This company and its director failed to adopted correct control measures and safe working practises to maintain expected health and safety standards on site to protect workers.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Notes to Editors:

1. The Health and Safety Executive (HSE)^[1] is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More about the legislation referred to in this case ^[2]
3. Latest HSE press releases^[3]
4. See more information about the safe use of work equipment

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Greenway Partnership Limited, a Herefordshire based construction company, has been fined after an apprentice fell two metres during the demolition of part of a school premises.

Bristol Magistrates’ court heard that on 8 February 2018, the apprentice electrician fell from height, causing facial and head injuries. He was in the process of removing the flat roof of Block 2 Lydney CofE Community School in Lyndney when the incident occurred.

An investigation by the Health and Safety Executive (HSE) found that the Greenway Partnership Limited did not adequately plan for the removal of the flat roof. Operatives had not been trained in working at height or demolition, and there was inadequate supervision of the work. As a result, no measures were put in place at the time to prevent or mitigate a fall.

Greenway Partnership Limited of Bromsberrow Heath Business Park, Bromsberrow Heath, Ledbury pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. Despite being in liquidation the company was fined £21,319 and ordered to pay £6,284 in costs.

Speaking after the hearing, HSE inspector Stephan Axt-Simmonds said: “Apprentices should not be left unsupervised to plan and undertake work on construction sites – it is those in control of work who have the responsibility to devise safe methods of working and to provide the necessary information, instruction, training and supervision.

“If a suitable safe system of work had been in place prior to the incident, injuries sustained by the employee could have been prevented.”

Notes to Editors:
1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk

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A Preston demolition company has been fined after the operator of an articulated boom type cherry picker became trapped between the vehicle platform rail and the roof of an industrial shed.

Manchester Magistrates Court today heard how on Thursday 2 November 2017 a worker contracted by Bradley Demolition Ltd was accessing the underside of the roof in Bredbury to remove asbestos sheets and was trapped by his neck between the basket of the machine and a roof truss. As a result of the incident the operator suffered life changing injuries which will require lifelong care.

An investigation by the Health and Safety Executive (HSE) into the incident found that the vehicle was not suitable for the work undertaken and that it was not fitted with propriety devices to avoid the likelihood of operators being crushed. The risk assessment did not sufficiently identify the entrapment hazard, and there was no effective communication with banksmen on the ground. An inadequate plan led to the operator being trapped for a sustained period of time.

Bradley Demolition Ltd of Kent Street, Preston pleaded guilty to breaches of Regulation 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £200,000 and ordered to pay costs of £21,838.56.

Speaking after the hearing HSE inspector David Argument said: “If a suitable safe system of work had been in place prior to the incident, the life changing injuries sustained by the employee could have been prevented”

Notes to Editors:
1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk

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A warehouse and storage company has been fined after an employee sustained serious injuries when he was hit by a forklift truck.

Southampton Magistrates’ Court heard how on 11 July 2019, the delivery driver was in a delivery yard at Driver’s Wharf in Southampton, while his vehicle was being loaded, when he was hit by a forklift truck. He was knocked to the ground and the forklift truck ran over his legs causing severe crush injuries.

An investigation by the Health and Safety Executive (HSE) found that there were inadequate control measures in place to segregate pedestrians and vehicles at the delivery yard.

Skillbeech Services Ltd of Carnac Place, Cams Hall Estate, Fareham pleaded guilty to breaching section 2 (1) of the Health and Safety at Work Act 1974. They were fined £32,000 and ordered to pay costs of £8,222.

Speaking after the hearing, HSE inspector Nicola Pinckney said: “The injuries sustained in this incident were life changing and could have easily been fatal.

“This incident could have been avoided if basic vehicle and pedestrian segregation and control measures such as barriers, marked walkways and safe working practices had been in place.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standard.”

Note to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. More about the legislation referred to in this case can be found at: https://www.hse.gov.uk/pubns/priced/hsg136.pdf
3. HSE news releases are available at http://press.hse.gov.uk

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