Risk, Health and Safety Information

Ledbury drinks maker and Hereford scaffolder fined for health and safety failings

A drinks producer and a building services firm have been fined for safety failings at a Ledbury factory.

The Health and Safety Executive (HSE) identified concerns following a serious incident involving a scaffold at Universal Beverages Ltd’s premises on Little Marcle Road on 1 October 2009.

Central Roofing and Building Services Ltd, trading as Erect-A-Scaffold, was appointed by Universal Beverages to erect and maintain scaffolding at the site.

Both companies were sentenced after the HSE investigation identified several breaches of safety law.

Worcester Crown Court heard during a week-long trial (1-8 July) that there were "significant" issues with the scaffolding, including loose boards and big gaps.

It is a legal requirement for a scaffold over two meters high to be inspected every seven days to ensure it is safe to use, and for any defects to be immediately rectified. However, Central Roofing and Building Services did not inspect the scaffold frequently enough and on more than one occasion, sent an inexperienced and unqualified employee to carry out the inspection.

HSE found the company failed to perform adequate and regular safety inspections and maintenance of the scaffold.

Universal Beverages, meanwhile, failed to ensure the subcontractor it appointed fulfilled its obligation in this regard. In doing so the drinks company also failed to ensure the safety of non-employees.

Universal Beverages Ltd, registered to Bridge Street, Staines, Middlesex, was fined a total of £85,000 and ordered to pay £50,000 costs, after being found guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.
Central Roofing and Building Services Ltd, trading as Erect-A-Scaffold, of Central Park, Holmer Road, Hereford, was fined £50,000 and ordered to pay £18,000 costs after pleading guilty to the same breach.

Speaking after the hearing, HSE inspector Paul Humphries said:

"As the principal contractor on this building project, Universal Beverages was responsible for ensuring that the scaffolding was checked every seven days to ensure it was safe and that workers were not exposed to risk.

"As the sub-contractor on the site, Central Roofing Services was responsible for ensuring that the inspection was carried out weekly by a competent person, which they failed to do.

"Companies working on construction projects have a duty to monitor the practices of the subcontractors they engage, while subcontractors need to ensure their employees are competent to undertake the work they have been engaged to do."