Risk, Health and Safety Information

Basement Initiative leads to prosecution for construction firm

London construction company Darma Limited has been fined over £13,000 after an unannounced inspection from the HSE found dangerous conditions on a basement excavation site. 

The inspection of the site on Filmer Road in Fulham was carried out during a clampdown on poor safety conditions on basement projects in November 2013. 

The inspection found workers were being exposed to extremely dangerous conditions on the site, being made to work in and around deep excavations of up to four metres in depth that were not properly supported.

Westminster Magistrates court heard that basement excavation under existing buildings poses significant dangers and safe systems of work must be in place at all times. These include the appointment of a temporary works engineer, clear and competent site management and adequate shoring and propping of all excavations.  Darma Limited failed in its duty to provide any of these measures – putting workers at risk of death.

The company were fined £13,400 and ordered to pay £4,719 in costs after admitting a breach of Regulation 31(1) of the Construction (Design and Management) Regulations 2007.

After the hearing, HSE Inspector Dominic Long said: “Conditions on this site were appalling with deep unsupported excavations throughout the basement. This not only put the large number of operatives in the basement at risk of death but could also have led to the collapse of the building itself.

“Darma Limited showed scant regard for the safety of the workers they were responsible for, it was extremely fortunate no-one was seriously injured or killed.

“HSE will take robust action against any company or individual putting lives at risk. This prosecution along with the level of fine demonstrates that companies willing to disregard the safety of workers should expect to face severe consequences.” 

Dangerous work at height leads to fine

A property company has been fined after workers were found working dangerously at height while demolishing buildings in Lancashire.

Responding to a complaint, HSE inspectors visited the site – a former aerospace plant in Hargher Street, Burnley – in August last year.

They observed a worker stripping slates from a fragile roof without any measures in place to prevent a fall through it, or mitigate the potential life-threatening effects of such a fall.

45% of deaths on construction sites in Britain last year were as a result of falls from height and 581 workers suffered major injuries (35% of the total) as a result of such a fall.

Appearing at Burnley Magistrates’ Court, KML (Properties) Ltd pleaded guilty to a breach of Work at Height Regulations and was fined £10,400.

The company, of Brunswick Street, Nelson, also pleaded guilty to two breaches of the Construction (Design and Management) Regulations 2007 and were fined £2,000 for each. These breaches related to failing to plan the work being undertaken and also to provide adequate welfare facilities for operatives carrying out work on site.

Total fines were therefore £14,400 and the firm must also pay full HSE prosecution costs of £1,276 and a victim surcharge of £200.

HSE inspector Jacqueline Western, who investigated the case, said: “These breaches of health and safety legislation were entirely preventable.

“Falls through fragile roofs are a common cause of work-related death or personal injury. Poor welfare facilities can cause significant health issues for workers – in this case the concern for operatives on site was exposure to biological hazard from bird droppings, rat infestation and contamination of the site.

“Comprehensive guidance and information is available to download free of charge from HSE’s website and it is not unreasonable to expect a company in the business of construction and demolition to be aware of what the law requires.”

Health & Safety Myth Busters:

Students banned from attending school on their last day

Issue

A media article carried a story of a school banning sixth year students from attending on their last day, citing health and safety.
 
Panel opinion
Health and safety law is being used as a convenient catchall here to hide the real issues. Muck-up days happen in lots of schools up and down the country and are about having fun. Boundaries to the celebrations should be set in advance and clear expectations set on what and what will not be allowed so that leavers do not blot their copy books on the last day. The school should rely on normal school discipline arrangements and not use health and safety as an excuse for banning students from having a memorable last day.