Directors who continued to operate a dangerous site in spite of HSE inspectors' prohibition notices, improvement notices and notifications of contravention, have been fined, ordered to carry out community services and, in one case, given a suspended prison sentence.
The offences occured in 2015 on a construction site on Gladesmore Road, London, Southwark Crown Court heard this month (17 July).
Inspectors found poor health & safety conditions on site including dangerous work at height, unshored excavations and poor welfare facilities. Numerous prohibition notices, improvement notices and notifications of contravention were served on the contractor and the client.
An HSE investigation found that the contractor, a Mr Bodnariu, failed to plan, manage and monitor the work on site. The client company, WEL Estates Ltd, failed to make suitable arrangements for managing the project, and the director, Yoel Lew, had allowed the poor conditions to exist on site.
In court, Mr Bodnariu pleaded guilty to breaching regulation 15(2) of the Construction (Design & Management) Regulations 2015, and was sentenced to eight months in prison suspended for 12 months, 250 hours community service, and ordered to pay costs of £1,000.
WEL Estates was found guilty of breaching Regulations 4(1) of the Construction (Design & Management) Regulations 2015 and was fined £20,000 with £5,000 costs.
Yoel Lew was found guilty of breaching Section 37(1) of the Health & Safety at Work etc Act 1974 and sentenced to 200 hours community service.
HSE inspector Sarah Robinson said after the hearing: “Dutyholders should be aware that HSE will not hesitate to take appropriate enforcement action against those who fall below the required standards.”