14th August 2024

Builder Is Sentenced After Risking Workers Lives

What’s Happened?

A builder has recently been given a suspended prison sentence after he put the lives of workers at risk on a construction site in London. This is an interesting case in that it demonstrates the HSE will prosecute companies where they fail to comply with the Law, even when there has not been an accident.

The company owner failed to comply with a prohibition notice issued by the Health and Safety Executive (HSE) in relation to unsafe working at height on a site in South East London.

A proactive investigation by HSE found that the company owner had allowed workers under his control on at least three occasions to continue using a scaffold which was not properly constructed. It was a potentially dangerous structure at risk of collapse and also in breach of the prohibition notice.

The Director failed to ensure that suitable and sufficient measures were in place to prevent workers from falling a distance that would have caused personal injury. No edge protection had been installed to the side of the roof, the flat dormer roof, the front elevation of the roof, and safe access was not provided.

In Court

As a result, charges were brought and the Director appeared at Bexley Magistrates Court on 7 August 2024. After pleading guilty to breaching Regulation 6(3) of the Work at Height Regulation 2005 and 33(1)(g) of the Health and Safety at Work etc. Act 1974, he was given a 26-week custodial sentence – suspended for 12 months and was told to complete 150 hours of unpaid work. He was also ordered to pay £6,043 in costs.

Speaking after the verdict, the HSE inspector involved in the case said: “We will not hesitate to take appropriate enforcement action against those who fail to do all that they can to keep workers safe.

“The risks from working at height are well known, as are the control measures required to reduce those risks.

Falls from height remain the leading cause of death within the construction industry and HSE has published guidance about how these incidents can be avoided. For further support of work at height risk assessment and training don’t hesitate to call our adviceline on 0300 3035228 or email info@lighthouseriskservices.co.uk.