Construction company fined after worker breaks back in fall from height

A construction company has been sentenced for failing to comply with work at height regulations after a worker fell through a fibre cement roof sheet sustaining serious injuries.

High Wycombe Magistrates’ Court heard that on 6 September 2018, Ross Sly was replacing the roof of an agricultural building in Reading when he stepped across a roof-light onto a fibre cement roof sheet, which gave way. He fell approximately four metres on to the workshop floor, sustaining multiple fractures to his spine.

An investigation by the Health and Safety Executive (HSE) found that sole trader Mark Wakefield, trading as Mark Wakefield Construction, had failed to take reasonably practicable precautions to safeguard his workers during the re-roofing work.

The workers had been put at risk of falling through fragile roof sheets above areas of the buildings where safety nets had not been installed, underneath the fragile roof sheets. The employer had also failed to put edge protection in place around the perimeter of the main building and workshop to prevent the risk of a fall.

Mark Wakefield of Hilltop Farm, Greenhill, Swindon pleaded guilty to breaching Regulation 4 (1) of the Work at Height Regulations 2005 and was fined £1,400 and ordered to pay costs of £2,000.

Speaking after the hearing, HSE inspector Chris Redfern said: “Falls from height remain the most common cause of work-related fatalities and serious injuries in the construction industry.

“The risks associated with working at height are well-known. It is important that those in control of work at height identify the risks and implement appropriate control measures to safeguard workers.

“HSE will not hesitate to take appropriate enforcement action against those who fall below the required standards.”

Fragile fibre cement roof sheet.

 

 

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.
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 on working safely at height can be found at: https://www.hse.gov.uk/work-at-height/key-messages.htm

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Company fined following fatal gas explosion

An asbestos removal contractor has been fined after a worker was fatally injured and another worker seriously injured in a gas explosion.

Hamilton Sheriff’s Court heard how on 5 October 2017, workers were removing a boiler and pipework, and overspraying walls to remove asbestos residue, at the former Pastoral Centre in Bonkle Road, Newmains in Wishaw.

The work was being carried out prior to demolition. The plan was to cut the boiler and pipework into sections to make it easier to remove. However, the gas supply had not been isolated and the workers cut through a live gas outlet pipe, the gas ignited causing an explosion.

Two workers received extensive burns to their body and underwent surgery. One of the employees died in hospital several days after the incident.

An investigation by the Health and Safety Executive (HSE) identified that the risk assessment and plan of work for the job had identified services were present in the boiler room, but the company failed to ensure the gas pipe was isolated and purged of gas before work commenced.

Enviraz (Scotland) Limited of Kelvin Avenue, Hillington Business Park, Glasgow pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £150,000.

Speaking after the hearing, HSE inspector Helen Diamond said: “This incident could so easily have been avoided if the company had ensured that the gas pipe in the boiler room had been isolated and purged prior to removal. Within the asbestos licensing permissioning regime, HSE expects licensed contractors to have adequate management arrangements in place to control non-asbestos risks.

“Given the potential consequences of using a power tool on live or unpurged pipework, the management system to establish the status of the pipework needs to be robust and there should be written confirmation of isolation.

“Tragically, one man has lost his life as a result of this incident and a second worker has sustained life-changing injuries.”

 

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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Construction company fined for breaching work at height regulations

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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Company and director prosecuted for repeated poor standards of site safety

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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Construction company fined after apprentice electrician falls from height

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.”

Flat roof of Block 2 Lydney CofE Community School

 

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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