Industry News
6th October 2026
Vehicle & Transport Safety
Being struck by a vehicle continues to be one of the main causes of fatal and major injuries in the workplace.
Latest HSE figures for 2025 to 2026 show that 24 workers were killed when struck by a moving vehicle.
The statistics show that being struck by a moving vehicle, workplace transport, accounted for 19% of all workplace fatalities and being struck by moving objects was the third most common cause of fatal accidents.
2nd October 2026
Your Asbestos management Plan
If you’re responsible for a building that may contain asbestos, it might be time to review your Asbestos Management Plan.
An Asbestos Management Plan sets out the procedures and arrangements to manage the risk from ACMs in your premises.
Keeping it up to date isn’t just good practice; it’s a legal duty.
25th September 2026
Fatally crushed
A worker was crushed to death when an unsupported trench collapsed, burying them under two tonnes of soil.
A joint investigation by Surrey Police and the HSE found there were no supports in the trench and excavated soil had been deposited immediately next to it. In addition, a self-employed contracts manager working on the job had observed another worker in the same unsupported excavation earlier that day.
Despite being aware of the measures required to prevent a trench collapse, he failed to ensure they were in place.
Following a trial at the Old Bailey, the principal contractor and the subcontractor were fined a combined total of £1,115,000. The contracts manager was sentenced to 10 months’ imprisonment, suspended for 18 months.
8th June 2026
RIDDOR
A consultation on the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) is seeking views on a range of legislative and non-legislative proposals to help reduce work-related ill health, one of HSE’s key strategic objectives. The HSE is also looking for options to reduce the burden on businesses, in making these reports to the regulator, through simplification of the reporting process
RIDDOR requires employers, the self-employed, and those in control of work premises to report and keep records of certain serious workplace incidents. In construction, where high-risk activities are common, compliance with RIDDOR is critical for legal, safety and operational integrity. RIDDOR is not just a bureaucratic requirement; it is a cornerstone of a proactive health & safety culture. Accurate reporting enables the HSE to monitor trends, guide industry improvements and prevent future harm.
3rd June 2026
Control of Lead
The Control of Lead at Work Regulations 2002 aims to protect workers from the health risks associated with exposure to lead in the workplace. Lead is a hazardous substance that can be inhaled or ingested, leading to serious health problems such as anaemia, kidney damage and neurological issues. These regulations apply where work activities expose or are likely to expose employees to lead dust, fumes or vapours; common in construction during renovation, demolition, stripping paint, welding on lead-coated surfaces, or handling lead sheeting.
Employer essentials checklist:
- Conduct risk assessments for lead exposure
- Implement appropriate control measures
- Monitor airborne lead levels where necessary
- Arrange medical surveillance if required
- Provide training and hygiene facilities
- Maintain accurate records
- Engage with workers on safe practices
The HSE is currently running a public consultation to amend these regulations relating to the monitoring and lowering the blood lead exposure levels in CLAW and amending the Approved Code of Practice (ACOP) and guidance.
1st June 2026
Working in hot temperatures:
There’s no legal maximum temperature at which work must stop, as every workplace is different. In many indoor environments, high temperatures can result from work processes rather than seasonal weather. However, employers still have a legal duty to ensure working conditions are reasonable, provide adequate ventilation and maintain a comfortable working environment wherever practicable.
For those working outdoors, hot weather can pose significant health & safety risks if not properly managed. Exposure to high temperatures can lead to dehydration, heat exhaustion, heat stroke and reduced concentration, increasing the likelihood of accidents when operating machinery or carrying out physical tasks. Prolonged exposure to sunlight can also cause long-term health issues, including skin cancer.
Simple measures to help protect workers include:
- Scheduling strenuous tasks during the cooler parts of the day
- Providing regular rest breaks in shaded or cool areas
- Ensuring free access to cool drinking water at all times
- Providing shade where practical in working areas
- Encouraging workers to remove unnecessary PPE during breaks to aid cooling
- Training workers to recognise the early signs of heat stress and dehydration
Excessive exposure to sunlight can cause sunburn, blistering and premature skin ageing. Over time, it can significantly increase the risk of developing skin cancer. Employers should encourage the use of suitable clothing, sunscreen and other protective measures to reduce exposure to harmful UV rays.
7th May 2026
Worker falls through fragile rooflight
Two companies have been fined more than £95,000 after a worker fell through a fragile rooflight at a factory in Keighley, impaling his leg on machinery below. The incident occurred while three operatives were over-cladding an asbestos cement roof. One worker stepped onto a fragile rooflight, fell through and narrowly missed a machine operator working beneath. Emergency services were required to free him from the machinery. Despite the severity of the incident, his injuries were relatively minor. An investigation by the HSE found that principal contractor AT Lee Properties failed to properly plan the work and did not ensure suitable control measures were in place for work at height.
Both AT Lee Properties and subcontractor LJH Property also failed to provide appropriate equipment and systems to carry out the work safely. LJH Property was further found to have inadequate planning, supervision, and risk assessment arrangements, with its assessment deemed unsuitable and insufficient. At Leeds Magistrates Court, both companies pleaded guilty to breaches of the Health & Safety at Work etc Act 1974. AT Lee Properties was fined £47,783 with £2,386 in costs, while LJH Property was fined £47,818 with £2,518 in costs. Directors Neil Cryer and Luke Hudson also pleaded guilty, each receiving a two-year conditional discharge and being ordered to pay £2,369 in costs.
Welsby Slater comment:
“Both those working on the roof and below were exposed to serious risk. Work at height remains the leading cause of workplace fatalities and that this incident was entirely preventable through proper planning, management and control.”
29th April 2026
£1 million fine following death of employee
A London-based road resurfacing contractor has been fined £1 million following the death of an employee struck by a reversing road-sweeper in Haringey. Robert Morris was working onsite on 30 May 2022 when he was fatally injured by a vehicle operated by a colleague. A joint investigation by the HSE and the Metropolitan Police followed, with evidence later leading to a separate prosecution of the driver. The HSE found significant site safety failings, including a lack of segregation between pedestrians and moving vehicles, no use of a banksman during reversing operations, and inadequate traffic management arrangements.
These deficiencies created a foreseeable risk of serious injury or death, particularly given that most construction transport incidents stem from poor vehicle/pedestrian interface controls. Marlborough Highways pleaded guilty to breaching the Health & Safety at Work etc Act 1974. The company was fined £1 million and ordered to pay costs of £6,028 at City of London Magistrates Court. In a separate Crown Prosecution Service case, the driver, also an employee, pleaded guilty to causing death by careless driving under the Road Traffic Act 1988 at Wood Green Crown Court.
Welsby Slater comment:
Robert Morris’ widow described him as the centre of their world; saying that his children are sad and angry and cheated of so much of their future. He was entitled to return home safely from work to his family but the lack of segregation of vehicles and pedestrians by Marlborough Highways meant he did not. This was a case where appropriate controls had been identified but were not being implemented onsite.
9th April 2026
Labourer died after falling from ventilation shaft
Nineteen-year-old labourer Renols Lleshi died after falling six storeys while dismantling scaffolding on a twelfth-floor roof garden at a construction site in London W3 on 5 July 2023. Mr Lleshi stepped onto a ventilation shaft cover which failed beneath him. An investigation by the HSE found the opening had been inadequately covered with only plasterboard and roofing foam, offering no effective protection against a fall. The investigation also identified that routine inspections had excluded the roof garden area, allowing the unsafe condition to go unnoticed and leaving the scaffolding team unaware of the risk.
Under the Work at Height Regulations 2005, duty-holders must ensure that work at height is properly planned, supervised and carried out by competent persons. Openings must be suitably covered or guarded and all equipment used must be strong, stable and fit for purpose. Jerram Falkus Construction pleaded guilty to breaching these regulations. The company was fined £42,200, with a £2,000 surcharge and £5,000 in costs at the City of London Magistrates Court on 18 March 2026.
Welsby Slater comment:
“Falls from height remain one of the leading causes of workplace fatalities. This was a wholly avoidable incident that resulted in the tragic loss of a young life.”
4th March 2026
Vehicle bodies must be properly supported before anyone works beneath them
A plant hire company has been fined after a mechanic suffered life-changing injuries while assisting with repairs to a tipper truck. In October 2023, an employee of Salford Grab Hire was helping to rectify a fault with a tipper body lifting mechanism. A JCB was being used to support the raised body, with its one-tonne bucket acting as a prop. The bucket became dislodged and fell, striking the worker. He sustained multiple fractures to his hand, shoulder blade, ribs, shin and thigh, together with a crushed ankle and foot. He later developed a pulmonary blood clot linked to the incident.
An investigation by the HSE found the company had failed to use suitable equipment to secure the raised tipper body. The bucket had no quick hitch or retaining pin and was not designed to function as a support prop. Guidance for motor vehicle repair makes clear that raised vehicle bodies must be properly supported before anyone works beneath them. Props must be purpose-designed, positioned on firm, level ground and capable of safely carrying the load. Salford Grab Hire pleaded guilty to breaching the Health & Safety at Work etc Act 1974.
The company was fined £10,000 and ordered to pay £3,475 in costs at Warrington Magistrates Court.
Welsby Slater comment:
“Serious and sometimes fatal incidents continue to occur where vehicle bodies are inadequately propped; employers must be reminded of their duty to implement suitable equipment and safe systems of work.”
19th February 2026
Builder sentenced after fatal fall
A self-employed builder from Reading has received a suspended prison sentence after a man fell to his death while helping with roof work on a domestic extension. Raffaele Vigliotti, trading as Absolute Building Solutions, was sentenced following the death of Andrew Layley, an acquaintance who was assisting with work at height in April 2023. Mr Layley suffered serious head injuries after falling from the roof and died in hospital several weeks later. He was married with three grown-up children. An investigation by the HSE found that Vigliotti failed to put adequate measures in place to protect Mr Layley and another worker while working at height.
The controls used were insufficient to prevent a fall or to reduce its consequences, contrary to established HSE guidance. Vigliotti pleaded guilty to breaching the Health & Safety at Work etc Act 1974. At Reading Crown Court, he was given an eight-month custodial sentence, suspended for 18 months, ordered to complete 200 hours of unpaid work, and to pay a victim surcharge.
Welsby Slater comment:
“Commenting on the case, the HSE said the incident was entirely avoidable and highlighted the ongoing risk posed by inadequate fall-prevention measures. It added that the failure to properly manage work at height had left a family without a much-loved husband and father, and that the sentence should serve as a warning to others to take these risks seriously.”
14th January 2026
Death of a Devoted Father
Lanes Group has been fined £800,000 following an HSE investigation into the death of drainage engineer Miguel Galvao, who was fatally injured at work on 10 December 2022. Mr Galvao died on 27 December after spending more than two weeks in hospital in an induced coma. The incident occurred on a freezing morning, with temperatures reported at -3 to -4°C. While priming a high-pressure jetting system, a sudden pressure release, believed to have been caused by ice build-up, caused the unsecured end of the hose to whip violently and strike Mr Galvao in the face. He was rushed to hospital but never recovered.
The HSE found that Lanes Group failed to ensure the health, safety and welfare of its employees. Key failings included the absence of a safe system of work for priming jetting equipment, poor maintenance of work equipment, inadequate monitoring of safety controls, and insufficient training, instruction and supervision. Investigators also noted that the jetting hose should have been mechanically restrained using the vice provided on the vehicle. Following the investigation, the Water Jetting Association issued a safety alert reminding operators of the importance of securing jetting hoses during priming.
After doctors advised that there was no further treatment available, Mr Galvao’s partner, Estefania Fonseca, made the difficult decision to withdraw life support after Christmas for the sake of their three children. Lanes Group pleaded guilty to breaches of the Health and Safety at Work etc. Act 1974. The company was fined £800,000, reduced from £1.2 million due to an early guilty plea, and ordered to pay £8,680 in costs and a £2,000 victim surcharge at City of London Magistrates’ Court on 2 October 2025.
Welsby Slater comment:
“This case highlights the critical need for safe systems of work, particularly during non-routine tasks and cold weather, and reinforces the importance of restraining jetting hoses when priming equipment.”
7th October 2025
Worker Killed by Collapsing Wall
On 19 March 2019, Gary Anstey was working for H Mealing & Sons at Swainswick School, Bath, when a retaining wall collapsed. An HSE investigation found the contractor had failed to properly plan and supervise the works. The wall was left incomplete and unsupported when a large load of aggregate was placed against it, causing it to give way. H Mealing & Sons pleaded guilty to breaching the Health & Safety at Work etc Act 1974. At Taunton Magistrates Court on 11 September 2025, the company was fined £56,775 and ordered to pay £44,000 in costs.
Welsby Slater:
“This was a horrific incident with devastating consequences. It resulted from poor planning and coordination; failures still too common in construction. With clear procedures and proper training, it was entirely avoidable. All temporary structures must be designed and installed to safely withstand intended loads. Contractors must ensure operatives are trained and provided with written designs and installation plans to guarantee stability and safety.”
25th September 2025
Worker Falls Through Unguarded Skylight Opening
On 9 February 2024, Leslie Baker, an employee of Atrium Conservatories Limited, was installing an orangery extension at a house in Abberley when he fell around two metres through an unguarded skylight opening. He suffered a serious head injury, broken ribs, ruptured spleen, kidney damage, and long-term mobility issues. He has since also been diagnosed with PTSD. An HSE investigation found that no perimeter scaffolding or internal fall prevention measures had been provided, and the work was not properly planned or supported with safe working instructions.
Atrium Conservatories pleaded guilty to breaching the Health & Safety at Work etc. Act 1974. The company was fined £40,000 and ordered to pay £5,309 in costs at Kidderminster Magistrates’ Court on 26 June 2025.
Welsby Slater:
“Falls from height remain one of the leading causes of workplace injury and death. This incident could easily have been fatal. Thorough risk assessments and suitable controls, such as crash decks, are essential. Any company carrying out building alterations is undertaking construction work and must apply the same safety standards as the wider construction industry.”
15th September 2025
Sole trader fined after roofer’s fall
A sole trader has been fined after a roofer fell from an unprotected flat roof in Luton, suffering a fractured vertebra and broken ankle. Gary Smith, trading as G J Smith Roofing, had previously faced HSE enforcement for similar failings. On 15 December 2022, workers under his direction were replacing a flat roof when one stepped off the edge while carrying boards, falling around 10 feet. HSE found the work had not been properly planned or risk assessed and that no edge protection was in place, despite this being reasonably practicable. Edge protection was only installed after HSE intervention.
Smith pleaded guilty to breaching the Work at Height Regulations 2005. He was fined £2,125 and ordered to pay £5,445 costs at Luton & South Bedfordshire Magistrates’ Court on 29 July 2025.
Welsby Slater:
“This incident could so easily have been avoided by planning the work properly and installing edge protection before starting.”
23rd July 2025
Gas explosion injures worker
Mr Newman contracted a worker to carry out refurbishment works at a property in Bulwell. As part of the job, he placed a faulty portable space heater connected to a propane (LPG) cylinder in the cellar to dry out damp. A gas leak from the heater caused a violent explosion, leaving the worker with serious burns to his hands, legs, face and scalp. An HSE investigation found Mr Newman had failed to conduct a risk assessment or ensure the use of safe, suitable equipment. The heater’s manufacturer clearly stated it was only for use in well-ventilated areas, and that LPG cylinders should not be used below ground level due to the risk of gas accumulation.
Mr Newman pleaded guilty to breaching the Provision & Use of Work Equipment Regulations 1998. On 19 June 2025, Nottingham Magistrates Court sentenced him to 12 months imprisonment, suspended for two years, with 240-hours of unpaid community work and £2,000 in costs.
Welsby Slater:
“This incident left a man unable to work due to life-changing injuries. It highlights the dangers of using gas appliances without proper risk assessments. The HSE will not hesitate to act where duty-holders fail to keep people safe.”
9th July 2025
Fire safety must never be an afterthought
Glovers Court Limited has been found guilty of four offences relating to poor fire safety during the redevelopment of a former warehouse into 35 apartments over six floors. In May 2023, Lancashire Fire & Rescue Service (LFRS) visited the site and discovered serious fire safety breaches, leading them to prohibit use of the building. This meant some residents, who were already living there despite ongoing construction, had to move out immediately for their own safety. LFRS and the HSE worked together to tackle the issues. When the HSE inspected the site, they found the company had failed to ensure basic fire precautions were in place.
Key failings included:
- No fire detection system
- No way to raise the alarm in an emergency
- Poor escape routes and planning
- No proper phasing of construction work to keep fire compartmentation in place to prevent the spread of fire
The HSE issued a prohibition notice stopping all work until the site was made safe, and an improvement notice requiring a proper fire management plan. Despite this, further inspections in June and November 2023 found the company ignored these notices and continued work without addressing the risks. Under UK law, developers must carry out suitable fire risk assessments and provide appropriate fire detection, alarms, and equipment to protect everyone on site. Glovers Court Limited, now in liquidation, was prosecuted under the CDM Regulations 2015 and the Health & Safety at Work etc Act 1974.
They were found guilty in their absence at Preston Magistrates Court on 26 June 2025 and fined £165,000, plus £10,512 in costs.
Welsby Slater:
“This company blatantly ignored the law and put people’s lives at risk. Fires on construction sites can have devastating consequences, but many are preventable with proper planning and precautions. This case shows how effective joint working between agencies can be, and it’s a clear reminder to all developers and property managers of their legal and moral responsibilities. We hope this sends a strong message: fire safety must never be an afterthought.”
7th July 2025
HSE - fatal injury figures for April 2024
The HSE has released its annual fatal injury figures for April 2024 to March 2025. Construction, and agriculture, forestry and fishing, remain the sectors with the highest number of worker deaths. Falls from height remain the leading cause of fatal injuries, accounting for over 25% of worker deaths last year. In addition, 92 members of the public were killed in work-related incidents, despite not being at work themselves. The HSE has also reported that 2,218 people died from mesothelioma in 2023; a cancer caused by historic asbestos exposure, mainly before the 1980s.
Annual deaths from mesothelioma are expected to gradually decline over the next decade.
Welsby Slater:
“The UK remains one of the safest places to work, but each fatality is a tragedy for families and communities. These figures cover accidents only and exclude deaths from occupational diseases. While the long-term trend is encouraging, we must never become complacent; every fatal accident is one too many.”
2nd July 2025
Preventative steps could have saved injuries
A 17-year-old apprentice bricklayer, Charlie Marsh, was injured while working on a Taylor Wimpey UK site building around 450 new homes in Weston-Super-Mare. Less than a year into his career, Charlie was loading concrete blocks onto the first floor of a new house when the incident happened in August 2023. Some of the blocks, weighing about 20kg, were stacked on or near a temporary stairwell cover; timber sheets laid over joists that would later be removed for the staircase. Tragically, the area gave way beneath him, causing Charlie and the blocks to fall over two metres to the ground. He suffered injuries to his fingers, hand, wrist and shoulder.
An HSE investigation found the joists should have been properly supported underneath, back propped, to prevent collapse; something Taylor Wimpey’s own safety manual clearly required. Unfortunately, this crucial step was missed on this plot. If the joists had been correctly supported, the incident could have been avoided. Taylor Wimpey UK admitted breaching the Health & Safety at Work etc Act 1974. At North Somerset Magistrates Court on 3 June 2025, the company was fined £800,000 and ordered to pay over £6,000 in costs and a £2,000 victim surcharge.
Welsby Slater:
“This incident is a stark reminder that everyone in construction must take all reasonable steps to prevent structural collapses and protect workers, especially young apprentices just starting out. Proper planning and checks are vital for any work that could affect structural stability. Thankfully, Charlie’s injuries weren’t even more severe, but they should never have happened. It’s essential that lessons are learned to keep everyone safe on site.
17th June 2025
Work at Height Regulations 2005
The director of a Leicester construction firm has received a suspended prison sentence following the death of a worker during a house extension project. Stephen Pywell died in hospital after falling nearly eight feet while working on a roof in 2019. He had been walking on exposed beams without any edge protection in place.
An HSE investigation found that James Pitsillides, director of Affordable Lifestyle Design Ltd, failed to properly manage the roofing work, including the activities of subcontractors.
At Leicester Magistrates’ Court, Pitsillides was sentenced to 20 weeks in prison, suspended for two years.
He was also ordered to complete 200 hours of unpaid work and pay £10,000 in costs.
5th June 2025
Death of a Kitchen Fitter
A construction company has been fined following the tragic death of a kitchen fitter who was crushed by falling concrete blocks at a housing development near Chipping Campden in the Cotswolds. Martin Dunford was killed when two stacks of concrete blocks toppled onto him, pinning him against a lorry loader. He had approached the delivery driver to discuss site access, as he needed to reach one of the homes under construction. An investigation by HSE found that the blocks had been unsafely stacked; one stack placed on top of another, supported only by wooden pallets. The unstable arrangement collapsed, causing fatal head and internal injuries.
Principal contractor Piper Homes Construction Limited, now in liquidation, failed to:
- Provide a level and secure storage area for materials
- Ensure wooden pallets used for stacking were in good condition
- Keep people out of delivery zones during unloading
At Cheltenham Magistrates’ Court on 29 April 2025, the company pleaded guilty to breaching the CDM Regulations 2015. It was fined £300,000 and ordered to pay £5,236 in costs. This tragic event was entirely preventable. Material storage must be properly planned and controlled. Stacked loads need to be stable, pallets must be regularly checked for damage, and delivery areas must be kept clear of non-essential personnel. Had these basic safety measures been in place, Mr Dunford would have made it home safely that day.
2nd June 2025
Dangerous Dust Exposure - £60,000 fine
A Slough-based stone worktop manufacturer, Inova Stone, has been fined £60,000 for repeatedly failing to protect its workers from dangerous dust exposure. Over a six-year period, HSE inspectors visited the company nine times and consistently found poor safety standards; with little sign of improvement. During a May 2021 visit, inspectors were alarmed to learn that no one at the company was overseeing health & safety. This visit followed reports of unsafe working practices and uncovered multiple breaches, including a failure to control exposure to respirable crystalline silica (RCS); a fine dust generated during the cutting and shaping of stone.
RCS is a serious health risk. These microscopic particles can lodge deep in the lungs and, over time, may lead to irreversible conditions such as silicosis, COPD, and lung cancer. The risks are especially high when control measures are lacking or not followed consistently. Welsby Slater has recently updated its guidance for working safely with stone worktops — a timely reminder for the industry.
Beyond dust exposure, HSE also found unsafe use of machinery and heavy stone slabs being poorly stored; both posing further serious risks. Inspectors issued four improvement notices following the visit. Worryingly, similar enforcement action had already been taken against the company back in 2017. Inova Stone admitted breaching the Health & Safety at Work etc. Act 1974 and failing to comply with three improvement notices. At Staines Magistrates Court on 20 May 2025, the firm was fined £60,000 and ordered to pay £7,363 in costs. The HSE commented that the company had been given ample advice and opportunity to get things right, but repeatedly failed to act. This case sends a strong message: employers must take the risks from stone dust seriously, both for the health of their workers and to remain on the right side of the law.
31st May 2025
Fall leads to Spine and ribs Fractures
Two Shrewsbury-based companies have been fined after a worker fell through a roof opening during an extension project in December 2022. The injured worker, employed by Roofrite (Shropshire), was installing a roof on a house extension under the instruction of the principal contractor, Harding & Houlston Building Contractors. While working at height, he stepped into an unprotected opening where a roof window was due to be fitted and fell, suffering serious injuries including fractures to his spine and ribs. The HSE investigation revealed that although scaffolding was installed externally, there were no internal fall prevention measures in place.
Roofrite had not properly planned the work or provided adequate instructions to its team. Likewise, Harding & Houlston failed in their duties as principal contractor by not ensuring the roofing work was safely planned or properly monitored. At a hearing on 19 May 2025 at Kidderminster Magistrates’ Court:
- Roofrite (Shropshire) Ltd was fined £8,000 and ordered to pay £2,990 in costs for breaches of the Work at Height Regulations 2005
- Harding & Houlston Ltd was fined £500 with £2,990 in costs for breaches of the CDM Regulations 2015
This case is a stark reminder that working at height remains one of the top causes of serious injury and death in construction. Proper planning, risk assessment, and protective measures such as internal crash decks or coverings over openings are essential. Principal contractors must ensure these are in place throughout the job to keep everyone safe.
13th May 2025
A life lost after falling over 20 feet
On 29 June 2018, Maciej Rozanski tragically lost his life after falling over 20 feet through a fragile roof while dismantling a redundant steel cleaning machine at a site on Deepdale Lane. The work had started in December 2017 and was led by Robert Hammond at Dudley Surface Technik (Old Hill) Limited. The task involved removing parts of a corrugated steel tower to access the machine. On the day of the incident, Mr Rozanski and a colleague were removing steel panels at height using an angle grinder. Sadly, Mr Rozanski stepped onto an unsafe section of roof and fell. He died at the scene from his injuries.
An HSE investigation found there was no proper risk assessment for working at height, no safe system of work, and no suitable access equipment. The job had not been properly planned, supervised, or carried out safely, and the workers hadn’t received appropriate training for working at height. Despite the company being in liquidation, Dudley Surface Technik was found guilty of breaching the Health & Safety at Work etc Act 1974. It was fined £90,000 and ordered to pay costs of £28,956. Mr Hammond, who had already pleaded guilty, admitted he failed to take reasonable care for his workers’ safety. He was fined £8,500 and also ordered to pay £8,500 in costs.
This tragic case is a stark reminder of the dangers of working at height, particularly near fragile surfaces, and the critical importance of carrying out thorough risk assessments, planning work properly, ensuring workers are trained and using the right equipment.
10th May 2025
Fall through a fragile roof
A 61-year-old worker fell through a fragile roof while replacing storm-damaged cladding on a former abattoir in Anglesey on 24 January 2018. He was working for Camclad Contractors Limited. An HSE investigation found the work had only been planned using photographs; no site visit was carried out beforehand. As a result, the contractor didn’t know the building’s dimensions, and the hired cherry picker couldn’t safely reach all areas. To continue, workers stepped out of the cherry picker and used makeshift boards to work on the fragile roof. Tragically, one of them slipped and fell to the concrete floor below.
This incident highlights the importance of properly planning any work at height. Employers must ensure work is risk-assessed, supervised, and carried out by competent people, with the right equipment and a safe system of work in place. Camclad Contractors Limited admitted breaching the Work at Height Regulations 2005 and was fined £225,000, plus £10,000 in costs. Company director Dominic Lakeman-Pettit also pleaded guilty to a breach of the Health & Safety at Work Act. He received a four-month suspended prison sentence, 200 hours of unpaid work and was ordered to pay £1,000 in costs.
The HSE has made it clear; if companies fail to plan and manage work at height safely, they will face serious consequences.
23rd April 2025
Unlicensed asbestos removal
A builder has been fined after illegally removing asbestos during a home renovation in Cheadle. Gavin Mutch, trading as G Mutch Developments, was hired to carry out roofing work and other renovations. The homeowner had warned him about possible asbestos in the fascia boards, but Mutch went ahead and removed the materials without the proper licence on 8 September 2022. The HSE investigated and found Mutch had carried out unlicensed asbestos removal; something that must only be done by licensed professionals with the right safety controls.
On 8 April 2025, Mutch pleaded guilty at Manchester Magistrates’ Court to breaching the Health & Safety at Work Act etc 1974. He received a 12-month Community Order, including 180 hours of unpaid work, and was ordered to pay £2,000 in costs.
Asbestos is commonly found in buildings built before 2000 and can cause serious illnesses if disturbed. Construction workers and others in similar trades are especially at risk. Welsby Slater offers clear guidance for workers and employers on how to work safely with asbestos. This includes how to spot it, what to do if you come across it, and the correct precautions to take. You can find this guidance on the HSE website.
Jim Slater comment:
“We want to help raise awareness across the industry. Licensed asbestos work isn’t just a box-ticking exercise; it requires the right training, tools and procedures to keep everyone safe.”
8th April 2025
Contractor Sentenced After Uncontrolled Spread Of Asbestos
A self-employed roofing contractor has been sentenced after the uncontrolled spread of asbestos during a garage roof replacement in Altrincham, putting workers and local residents at risk. Stephen Wilks, trading as S Wilks Roofing, pleaded guilty to breaching the Control of Asbestos Regulations 2012. In February 2022, he was contracted by a property management company to replace asbestos cement sheets on three garage roofs. Following complaints from a resident about debris in their garden, HSE launched an investigation. Tests confirmed the material contained chrysotile asbestos.
Inspectors found ripped asbestos waste bags left in a publicly accessible area, with debris spilling onto the ground and contaminating nearby vegetation. Personal belongings stored in the garages were also affected. A licensed asbestos contractor was later brought in to safely remove the waste and decontaminate the area. At Ashton-under-Lyne Magistrates Court on 28 March 2025, Wilks received a 12-month Community Order with 200 hours of unpaid work and was ordered to pay £3,582.13 in costs. This serious incident highlights the importance of proper planning and control measures when handling asbestos, even where a licensed contractor is not legally required.
HSE reminds all duty-holders to ensure asbestos risks are properly assessed and controlled to protect workers and the public.
5th February 2025
Planning and Risk Management could have saved a life
A worker in Eastbourne in August 2019, was assisting while temporary mast climber work platform sections were being lifted by a lorry mounted crane. The lifting sling which was attached to the crane snapped, causing the load to fall. The HSE and Sussex Police investigated and found that Brand Energy & Infrastructure Services UK, trading as Lyndon SGB, failed to properly plan the lifting operation of the work platform. The company, which specialises in scaffolding, insulation, coatings and other industrial services had failed to identify a requirement for safe exclusion zones.
The company failed in its duty of care to all its operatives in the way it planned and implemented the lifting operations. The company also failed to have a suitable robust system in place to ensure all accessories had been thoroughly examined or disposed of when expired. This resulted in out-of-date slings being used. Brand Energy & Infrastructure Services UK admitted breaching the Health & Safety at Work Act and was fined £1.6 million and ordered to pay £23,193.00 in costs at Brighton Magistrates Court. The worker’s death could so easily have been prevented if his employer had fulfilled its statutory duty to plan and manage the risks associated with lifting equipment and lifting operations.
The company failed in its duty of care to all its operatives in the way it planned and implemented the lifting operations and the slack customs and practices it allowed to become part of the safety culture with regard to lifting.
19th November 2024
Falling From Height
A construction worker was installing first-floor joists alone during the construction of a house in Derbyshire when he fell through a ceiling. The man was lying face down on the ground for around six-hours after his fall, relying on hourly news bulletins from his radio to estimate the passing time. It wasn’t until a delivery driver discovered him that he received help. He spent five months in hospital and his mobility is now severely limited. His employer, Paul Freeman Limited, had not adequately planned for safe working conditions at height. HSE investigators found that guardrails, harnesses and supervised work protocols were not in place.
Also, the worker had not been provided with suitable instruction as to how the work should be carried out and was therefore left to work this out on his own. The contractor admitted breaching Health & Safety at Work Act at Derby Magistrates Court; and fined £40,000 and £6,263 in costs. This incident highlights the importance of undertaking a thorough assessment of risks for work at height activities and the need to ensure that, where work at height cannot be avoided, suitable control measures are implemented to minimise the risk of serious injury; even more significant when lone working.
Falling from height is a leading cause of injury and death in construction, and this case reinforces the need for companies to rigorously adhere to health & safety guidelines to protect workers. Working alone also amplifies the risk, making thorough risk assessments, method statements and clear safety instructions even more essential.
4th October 2024
The Budget
Last week, the Labour Government announced a wide range of changes to tax hikes in the Autumn Budget; and while our country needs bold investment plans on building and regeneration to work, we can’t afford them to succeed at any cost, either morally or financially. If the Grenfell Tower inquiry report told us anything, it’s that people’s safety must always come first and that casual attitudes to building & fire safety risks should never be allowed to creep back in; safety is everyone’s responsibility and that culturally we must champion the safety of all.
This must be actioned throughout the lifecycle of any building, whether it be a block of flats, a home, office, hospital or school. Short-sighted corner-cutting would be a disaster for the construction sector & its workers, our economy and our international reputation. It means safety should be designed-in right from the concept and planning phase, maintained throughout the construction phase and during remedial or refurbishment work, monitored throughout the building’s use and checked by the new Building Safety Regulator as applicable.
Of the 138 workers who were killed in work-related accidents in Britain in 2023-2024, fifty-one of them worked in construction. We must continue to invest in risk management to address the issues construction workers continue to face. Required control measures include competency, skills, safety awareness and competencies of all workers on every construction site.
If the government’s building bonanza leads to a construction skills shortage, which it probably will, this cannot be allowed to drive a race to the bottom in terms of skill levels and working conditions.
25th September 2024
A £3 Million fine
Two demolition operatives working for Veolia ES (UK) were undertaking enabling works as part of decommissioning and dismantlement of offshore North Sea oil rig structures at an onshore facility in Great Yarmouth when the incident happened in October 2019. The pair had to remove a small overhanging piece of metal pipework which involved using oxy propane cutting equipment to hot-cut through skirt piles attached to a large metal structure. The skirt pile required removal so that the operatives could access part of the main structure for a pre-weakening cut as part of the felling.
The enabling works required work at height so the pair were operating from a MEWP; however, as the hot-cut proceeded, the 27-tonne skirt pile suddenly gave way. It fell vertically to the ground and tipped over, striking the MEWP with some force and both men were catapulted out of the basket, falling around 12 metres to the ground. One sustained life-changing injuries; however, his colleague died at the scene. An HSE investigation into the incident identified serious failures, both in the planning of the work as well as Veolia ES (UK) risk assessments; lacking in detail and failing to identify all necessary control measures.
Significantly, Veolia ES (UK) failed to assess the skirt pile being removed because it considered that the equipment posed a low risk to the planned work. This had major consequences for the operation’s safety because the company’s oversight meant there was no cutting plan or safe system of work in place for working with the skirt pile. The HSE also found that some risk assessments had not been updated or reviewed and some of the firm’s risk ratings were considered too low for the tasks being undertaken. It’s good practice to review and update risk assessments on a regular basis to ensure they are fit for purpose and are being followed.
It is also important to review risk assessments and their associated control measures if they may no longer be effective as well as when there are changes in the workplace that could lead to new risks such as changes to employees, processes and substances or equipment used. The investigation also identified shortcomings in the supervision of the workers while they undertook the hazardous work. Although a supervisor was appointed, they were also undertaking other duties and were not able to effectively carry out their supervisory duties. Responsibilities should have included completing regular assessments throughout the work activity to ensure controls were implemented; however, there was no consistent approach to supervision or monitoring onsite.
Even when employees have relevant skills, knowledge, experience and training to carry out their role, planning and supervision is crucial to ensuring that any safety issues are picked up and dealt with in an efficient, timely manner before serious incidents occur. Veolia ES (UK) pleaded guilty to breaching Health & Safety at Work Act. At a sentencing hearing, the company was handed a £3million fine and ordered to pay £60,000 in costs.
17th September 2024
update on silica dust
Australia has become the first country in the world to prohibit the manufacture, supply and use of artificial stone including quartz worktops due to a concerning rise in cases of silicosis; a progressive and potentially fatal lung disease caused by excessive exposure to silica dust usually over a long period of time. Silica is a natural substance typically used as a constituent of construction materials, but dust is produced when cutting, grinding, drilling, polishing and disturbing materials that contain crystalline silica particles. Currently, artificial stone is widely used as a more cost-effective alternative to natural materials such as granite and marble.
Marble contains around 2% free silica and granite in the region of 10-45%; however, artificial stone often contains more than 90% free silica. Cases have already been identified of stone cutters or labourers working with artificial stone developing the disease. As a result, some doctors are calling for a ban to be implemented here too. Over time, inhalation of silica dust can cause inflammation within the lungs, which can lead to irreversible scarring of the lung tissue, known as silicosis.
Once silicosis has been developed it can lead to several complications such as:
- Chest infections & Chronic Obstructive Pulmonary Disease (COPD)
- Autoimmune conditions such as arthritis & kidney disease
- Tuberculosis & lung transplants
- Greater risk of developing lung cancer
Employees are owed a duty of care by employers who must adhere to workplace regulations to ensure, in so far as they are able, the safety of employees. Employees also have a duty of care to take reasonable steps to ensure their own safety, as far as possible in the workplace. Workplace regulations mandate avoidance, and where that is not possible, reduction of exposures to the lowest level practicable. The main regulation relating to exposure to silica dust is the Control of Substances Hazardous to Health Regulations (COSH) 2002. Reducing employee exposure levels is the key.
Employers should complete a risk assessment to highlight and address issues relating to silica dust exposure; and implement and enforce safe systems of work aiming to reduce employee’s exposure levels to the lowest levels practicably possible. Those who develop silicosis from exposure to silica dust due to current or former employers failing to comply with their legal duties to protect a person’s health and safety at work, may be able to pursue a personal injury claim against the employer. Avoidance of silica dust is key in preventing its development.
14th July 2024
Be mindful of where asbestos may be present
A 16-year-old had been working for P Turnbull Joinery and Building Services on an outbuilding of a residential property in Richmond after the contractor had been hired by Alt Berg Holding to refurbish it. He had been breaking up cement sheets taken from the roof of the property and putting them into a skip. Asbestos was later found to be in the cement sheets, exposing the worker to asbestos fibres. A HSE investigation found that Alt Berg Holdings had failed to carry out an asbestos Refurbishment and Demolition survey of the property, which would have identified the asbestos.
P Turnbull Joinery and Building Services had not properly assessed the work and failed to prevent the worker being exposed to asbestos. A suitable and sufficient asbestos Refurbishment and Demolition survey of the building undertaken by the client and provided to the contractor before work started would have identified the presence of asbestos in the roofing materials. The contractor could have ensured that suitable controls were put in place and the asbestos removed safely before further work was undertaken. This incident could so easily have been avoided by the provision of suitable and sufficient pre-construction information, effective communication between the parties and the use of correct control measures and safe working practices.
At Peterlee Magistrates Court, P Turnbull Joinery and Building Services pleaded guilty to breaching the Health & Safety at Work Act 1974 and was fined £2000 and ordered to pay £500 in prosecution costs. Alt Berg Holdings admitted breaching CDM Regulations 2015. The company was fined £6000 plus £1,950 in prosecution costs.
17th April 2024
Unacceptable Asbestos Risks
Twenty-five years on from the deadly material being banned in Britain, an estimated 300,000 non-domestic buildings built before 1999 still contain asbestos. With many of these buildings requiring refurbishment, tradesmen and building users will be put at risk if it isn’t managed properly. Around 5,000 people die from asbestos-related diseases every year in Britain. While the cause of their illness was likely exposure from decades ago, it is believed that people are still being exposed today, putting them at risk of terminal cancers such as mesothelioma in years to come.
What is of significant concern is the lack of consistency in managing asbestos among duty-holders and a lack of awareness and knowledge about it among those who are coming into contact with it, particularly in smaller businesses. There are still hazards and risks associated with removal. What really needs to happen is a collective effort by policymakers, government, regulators, employers and workers to address this issue. Also, essential to it, is improved training for employees which raises awareness of the dangers of exposure, informs them how to deal with asbestos and what to do if they come across it.
Young Worker Crushed to Death
A building firm has been fined £133,000 and ordered to pay £8,500 in prosecution costs after a 22-year-old worker was crushed to death by an excavator. James Rourke had only been working for Materials Movement for a few months when the vehicle struck him, causing catastrophic injuries. The firm had been hired to undertake ground clearance works in Hertfordshire, in preparation for the building of new houses. The site engineer had been attaching warning work signs to fencing around the site when the incident happened in November 2019.
Investigators revealed Materials Movement had failed to plan and manage the work, and failed to properly supervise the work that James and the excavator driver were undertaking to ensure it was safe. It also didn’t ensure the work was planned and managed to eliminate any chance of James working near the excavator. Employers must consider the main precautions needed to control excavator hazards including exclusion, clearance, visibility, plant and vehicle marshaller and bucket attachment. The man’s death could have easily been prevented if his employer had properly planned, instructed and supervised the work.
Materials Movement admitted breaching Construction Regulations 2015 at Peterborough Magistrates Court.
14th March 2024
Prison Sentence for Scaffolding Company Director
Canterbury City Scaffolders was erecting a scaffold structure in Crawley. Steven Gilmore was sitting on top of the temporary roof’s partially-built structure, near an overhead power line that ran across the corner of the site. The worker took control of a 6m long scaffold pole with his back to the overhead cable, when the tip of the pole made contact with the 11kV transmission line. He fell more than 5m to the ground below; suffering full-depth burns to his hands, which he will never regain full use of as there was so much damage to the nerves, muscles and tissue. He also suffered a badly broken leg.
The HSE received a call from Sussex Police as they were first on the scene. All work onsite was stopped and UK Power Networks contacted because it has to be informed if an incident with one of their resources requires an emergency response, such as isolating the line. They also wanted to understand what went wrong and to advise on steps needed before the line could be re-energised and work could restart onsite. The HSE discovered that the scaffold structure was built too close to the overhead power cable. UK Power Networks measured that at the closest point the scaffold structure was just 1.9m away from the wooden pole supporting the overhead power cable.
In addition, the scaffolders were manoeuvring 6m long pieces of metal at near vertical angles; so if the structure itself is only 1.9m away, movement of the parts being manoeuvred around must be considered. That brought the components within striking distance of the power cable; so in effect there was no safety margin. The director from the company was onsite directing the work. He had the design for the temporary roof scaffold structure in his head and was managing how it was being assembled, including the system of work used by his team of scaffolders.
He also provided the equipment and chose the lengths of scaffolding poles that were going to be used. On 22 September 2023 at Brighton Magistrates Court, Canterbury City Scaffolding pleaded guilty to breaching the Health & Safety at Work Act. At a sentencing hearing the company was fined £50,000 and the Director sentenced to 18 weeks in prison, suspended for 12 months, and ordered to undertake 200 hours unpaid work and 20 rehabilitation activity requirement days.
23rd February 2024
CDM 2015 non-compliance
Companies are more likely to have a dangerous or fatal accident while construction work is carried out if CDM Regulations are not followed. In addition, the finished structure may not be safe to use, safe to maintain and may not deliver good value for money. Construction is a high-risk industry; around one third of all workplace fatalities occur in construction and many thousands are injured each year. Such incidents often have a significant and long-lasting effect on the individuals, colleagues, family, friends and businesses.
By following CDM 2015, companies will be helping to stop this from happening. When the Health & Safety Executive (HSE) does find problems, they will aim to deal with the issue in a reasonable and fair way. However, serious breaches of health & safety legislation onsite could result in construction work having to be stopped by the HSE or local authority and additional work may be needed to rectify matters. In the most serious circumstances, they may prosecute. The HSE will enforce CDM 2015 in accordance with their enforcement policy statement.
Enforcement has a wide definition ranging from advice to more formal sanctions and prosecution. The principles of the enforcement policy are proportionality, targeting, consistency, transparency and accountability. The HSE focuses on serious problems and not trivialities.
6th February 2024
Fall From Access Equipment
A 36-year-old worker and a colleague had been tasked with installing a lightning protection system to the front of an office block being converted to flats in Warrington. As he lowered the access equipment, using a rope attached to a frame at roof level and a handrail at ground level, both he and the frame fell from the roof to the ground. HSE investigators found that Inco Contracts, the principal contractor, and Prestige Security Installations, the contractor in control of the electrical installation package, failed to ensure that the work was properly planned and failed in their duties to manage and monitor the work to ensure it was carried out safely.
Liverpool Crown Court was told that due consideration had not been given to safer methods and both workers had been given no instruction or safe means of getting their equipment down from the roof. Prestige Security Installations was fined £120,000 for breaching the Health & Safety at Work Act. PTSG Electrical Services were found guilty of breaching CDM Regulations 2015 and fined £30,000 and plus £15,000 in prosecution costs. Inco Contracts was found guilty of breaching CDM Regulations 2015 and fined £600,000 and ordered to pay £58,448 in costs.
The message is simple:
“It’s vital that work at height is properly planned; where it isn’t, risks can lead to serious consequences. As such, duties are placed on all involved to ensure that risks are fully assessed and suitable control measures implemented. Principal contractors should be aware that appointing subcontractors doesn’t remove the duty they have to ensure work has been properly planned and undertaken safely. Had Inco Contracts and Prestige Security Installations properly reviewed PTSG Electrical Services’ proposals for carrying out the work, they could have ensured suitable controls were in place and this tragic incident could have been avoided.”
9th January 2024
Designers under CDM Regulations
A designer should not commence work in relation to the project unless satisfied that the client is aware of their duties under CDM Regulations. When preparing or modifying a design, the designer must take into account the general principles of prevention and any pre-construction information to eliminate, so far as is reasonably practicable, foreseeable risks to the health or safety of anyone carrying out or those liable to be affected by construction work, maintaining or cleaning a structure and using a structure designed as a workplace.
If risks cannot be eliminated the designer must so far as is reasonably practicable:
Take steps to reduce or control risks through the design process
Provide information about risks to the CDM principal designer
Ensure appropriate information is included in the CDM health & safety file
A designer should take all reasonable steps to provide sufficient information about the design, construction and maintenance of the structure, to adequately assist the client, other designers and contractors to comply with their duties under CDM Regulations.
3rd December 2023
90ft Cradle Fall
Two workers were in a cradle working on level nine of a residential tower that was under construction in London; however, as they manoeuvred the cradle, it fell 90ft to the ground below. Miraculously, although the men suffered significant injuries, they both survived. This was the first time either of them had been in this cradle and it was the first time the cradle had been put into use. The cradle didn’t just go straight up and down; it could also be moved in and out along beams. And that is where the problem occurred as the workers moved the cradle out to install the panel and it ran off the end of the support beams.
The manufacturer, Zarafa Height Solutions, would usually have carried out a safety check in the factory; but on this occasion it didn’t happen. That meant the system left the factory untested and in an unsafe condition. Giraffe Access Company, which installed the system, was legally required to test the system and carry out a thorough examination before installation in accordance with the Lifting Operation and Lifting Equipment Regulations (LOLER). The company said it would normally have tested the trolley and beams onsite on the ground, but because there was insufficient room on this occasion it didn’t test the end stops; assuming it had been tested in the factory.
On 10 November 2023 at Croydon Magistrates Court, both companies admitted breaching section Health & Safety at Work Act. Zarafa Height Solutions was fined £120,000 plus £3,987 in costs and Giraffe Access Company was fined £120,000 plus £3,996 costs.
It is vital to ensure that equipment and plant is checked, with safety checks carried out before it leaves the factory and before it is put into use. If that had been done, if normal procedures had been followed and the wheels of the trolley had been run to the end, the problem would have been identified.
The message is simple:
Follow any checks that are required by law and any further checks identified by a risk assessment and make sure they have been carried out before equipment is used.
20th November 2023
HSE Proactive Cladding Inspection
“Following the tragedy of the Grenfell Tower fire, the issue of combustible cladding and insulation has become a highly emotive topic. To address this, the Health & Safety Executive instigated a proactive programme of building inspections where such combustible materials were being replaced. The HSE carried out one of these proactive visits on a project by Green Facades Limited in 2022 at The Circle (an eight-storey building in Liverpool). The first thing the HSE discovered was there were scaffolders erecting a scaffold across the facade of the building.
With scaffolding beyond a certain height and width, and depending on intended use, it needs to be tied to the building. But in order to fit them, the scaffolders had punched a hole through the external render, insulation and cladding. The render itself was not combustible but the insulation that it covered was and the holes had not been backfilled with a non-combustible material. Additionally, there were insufficient means of escape from the scaffolding; there should be at least two escape routes.
They didn’t have this safeguard in place nor did they have any means of raising the alarm. The risks hadn’t been properly assessed, which is why measures weren’t in place. An Improvement Notice was issued to fill the holes the scaffolders made. The principal contractor should have identified this, and it should have ensured there were measures in place to raise the alarm in the event of a fire and provided fire extinguishers, fire alarms and means of escape. The Improvement Notice gave twenty-one days for the principal contractor to comply. A company has the right to appeal an Improvement Notice if they believe it is unjustified.
During an HSE return site visit, they found that Green Facades Limited had stripped off one section of insulation and rendering exposing the combustible material underneath the cladding on either side. The HSE then served a Prohibition Notice to stop the principal contractor taking anything more off the building until the exposed combustible insulation had been adequately covered up. The HSE also took the decision to prepare a prosecution report which was submitted to HSE Legal Services who decided that it met the standard for prosecution.
On 26 October 2023, at Liverpool Magistrates Court, Green Facades Limited pleaded guilty to breaching CDM Regulations and were fined £240,000 and ordered to pay £5,405 costs. Green Facades Limited was classed as a small company in terms of sentencing guidelines, but it’s still a multi-million pound company and, as such, should have recognised that putting all the company’s health & safety responsibility and expertise in one person (who had subsequently left the company) was not sensible. Green Facades Limited should also have identified from the information provided by the building owner that it was combustible material.
Fire is an entirely foreseeable risk on a construction site and the principal contractor should have considered what it was dealing with and how it could prevent a source of ignition coming into contact with that material. As well as sealing off any exposed combustible material, Green Facades Limited should have considered taking off cladding panels and the insulation, and then replacing it straightaway with non-combustible material, so there would have been no need to leave anything exposed.
Under CDM Regulations, duty-holders cannot simply appoint a specialist company without understanding how they will complete the work and the associated risks. Those appointing contractors should ask themselves whether they have the capability within their company to identify whether they are doing the job properly and they are assessing the risks.”
20th October 2023
Design Risk Assessments
A design risk assessment should identify hazards and evaluate the risks that may arise from the design.
Depending upon the hazard and level of risk, designers are encouraged firstly to eliminate risk by designing it out and should this not be practical, identify control measures to minimise the risk.
Recipients should also refer to design risk assessments produced by other members of the project design team. Normal risks related to the site in general and risks associated with the construction that a competent contractor should be aware of and would therefore mitigate, need not be included.
The principal contractor must undertake their own risk assessments for all stages and processes of the construction phase. Clients should be notified of actions they need to take by issue of this risk assessment.
As a designer, under Construction (Design and Management) Regulations 2015, you must critically assess your design proposals at the start and throughout the design process.
4th October 2023
CDM Regulations 2015 - why they're important
You are more likely to have a dangerous or fatal accident while construction work is carried out if CDM regulations are not followed. In addition, the finished structure may not be safe to use, safe to maintain and may not deliver good value for money.
Construction is a high-risk industry; around one third of all workplace fatalities occur in construction and many thousands are injured each year. Such incidents often have a significant and long-lasting effect on the individuals, colleagues, family, friends and businesses. By following CDM 2015, you will be helping to stop this from happening.
When the Health & Safety Executive does find problems, they will aim to deal with the issue in a reasonable and fair way. However, serious breaches of health & safety legislation onsite could result in construction work having to be stopped by the HSE or local authority and additional work may be needed to rectify matters. In the most serious circumstances, they may prosecute.
The HSE will enforce CDM 2015 in accordance with their enforcement policy statement. Enforcement has a wide definition ranging from advice to more formal sanctions and prosecution.
The principles of the enforcement policy are proportionality, targeting, consistency, transparency and accountability. The HSE focuses on serious problems and not trivialities.
13th September 2023
Substandard Roofing Battens
Amid the high demand for treated timber, compounded by shortages, substandard roofing battens are being marked, coloured and sold as conforming to BS5534. These inferior battens present a serious issue for roof safety; not only do they affect the longevity of the roof; they are less able to support a worker using battens as a roof ladder alternative. Nonetheless, battens incorrectly carrying the BS5334 grading and/or those coloured to imply conformity are being marketed as compliant.
There are also concerns that many contractors are unwittingly using inferior battens, as they believe they have purchased pre-graded material and are likely to proceed without additional checks. Therefore, essential checks should be carried out before roof work commences. Battens are often overlooked and their value to the roof structure and safety are underestimated.
- BS5534 states that a batten should be 25mm thick with a tolerance of -0/+3mm
- Do not rely on the colour of a roofing batten to guarantee that it is compliant
- If you see signs of rot/decay or growth on a batten do not use it
All roofing battens that are compliant with and graded to the requirements of BS5534 should be delivered to site with correct documentation. Always request a copy of this documentation and any third-party certification and retain these records. Using substandard roof battens as an alternative to a roof ladder also increases the risk of accidents, as they are taking the additional live load of the worker installing the roof.
8th September 2023
RAAC - Lightweight Concrete - Some Facts
RAAC is a lightweight material that was used mostly in flat roofing, but also in floors and walls, between the 1950s and 1990s in public buildings.
The aerated material was a cheaper alternative to standard concrete, quicker to produce and easier to install.
Its structural behaviour differs significantly from traditional reinforced concrete; it is susceptible to structural failure when exposed to moisture. The aerated material can allow water to enter; and if that happens, any rebar reinforcing RAAC can also decay, rust and weaken. Because of this, RAAC is often coated with other materials (e.g. bitumen on roofing panels), but this material can also degrade.
In the 1990s, several bodies recognised structural deficiencies in RAAC panels. It was recognised that performance was poor with cracking, excessive displacements and durability all being raised as concerns; although called concrete, RAAC is very different from traditional concrete and, because of the way in which it was made, much weaker; there are tens of thousands of these structural panels already in use and many are showing signs of wear and tear and deterioration.
The HSE says RAAC is now beyond its lifespan and may collapse with little or no notice.
3rd August 2023
Fire Extinguishers
Fire extinguishers are one of the most well-known and universally used forms of firefighting equipment on a construction site. A fire extinguisher can make all the difference to fire control.
To meet fire safety regulations, you must have the exact types of fire extinguisher to meet the fire risks of your site. Using the wrong type of extinguisher on a fire can cause more harm than good; you risk electrocution if you use a water extinguisher on an electrical fire and you risk suffocation if you use a carbon dioxide extinguisher in a confined space.
Ensure that all temporary fire extinguishers are in place in all work areas and in temporary facilities.
The equipment must be labelled and dated for annual test verification. At least one fire point to be established at each access point to the building plus any additional fire points as required by the fire warden. Fire extinguishers should be located at identified fire points around the site.
The extinguishers should be appropriate to the nature of the potential fire. Nominated people should be trained in how to use extinguishers.
The principal contractor must allow for fire point signage to be displayed at each point and all extinguishers to be raised off the floor.
Keep fire extinguishers filled and maintained. An empty or faulty extinguisher is of no use in an emergency.
27th July 2023
House Partially Collapses
The Health & Safety Executive visited a property in Fallowfield on 22 September 2020 after being informed an exterior wall had collapsed during construction work undertaken by Servotec. Additionally, the HSE issued Improvement Notices to the company for the poor welfare and insufficient asbestos survey. Inspectors returned to the site on 25 September 2020 and a second Prohibition Notice was issued to Servotec after another structural problem was identified. Following this, the HSE investigated the initial cause of the partial building collapse; however the company and its director were not forthcoming with the requested information over a number of months.
The investigation found the company failed to comply with an Improvement Notice and that significant risks across a multitude of areas were present from start to finish including structural safety, working at height and welfare. The director demonstrated a persistently poor attitude and lack of accountability throughout HSE interactions. He was also found to have failed to comply in his role as a director. Servotec pleaded guilty to breaching the Health & Safety at Work etc Act 1974. The company was fined £5,000 at Manchester Magistrates Court on 10 March 2023. Shaun Brae pleaded guilty to breaching the Health & Safety at Work etc Act 1974.
He was fined £1,000 and ordered to pay £2,000 in costs.
“This was a very serious incident, and it is fortunate nobody was injured as a result of the collapse or any of the subsequent failures. Where contractors demonstrate persistent poor health & safety and ignore Notices served, the HSE will not hesitate to take necessary action. Directing minds playing a significant role in a company’s failings will also be held accountable as was the case here.”
6th July 2023
Plumber Jailed for Illegal Gas Work
Christopher Roland Shaw (AKA Chris Parker) trading as SOS Express Plumbing, attended the woman’s home on Headingley in October 2019, where he was hired to carry out gas work.
Mr Shaw had been assisting the woman with general plumbing needs for a number of years and told her he fitted the water heater in her bathroom. As a result of this, the woman believed Mr Shaw was able to work on gas appliances. At the request of the woman, Mr Shaw then removed an existing gas boiler and installed a new combination boiler. An investigation by the HSE found Mr Shaw was not registered with the Gas Safety Register (GSR), a legal requirement whilst carrying out gas work.
Mr Shaw’s work at the woman’s home was subsequently investigated by GSR, which identified several issues. Some of these issues were deemed as at risk; meaning they could be a danger to life or the property in the future. Mr Shaw had previously been prohibited from carrying out gas work by HSE and had subsequently been investigated and prosecuted for similar illegal gas work, resulting in a custodial sentence in 2015. Mr Shaw pleaded guilty to breaching Health & Safety at Work etc Act 1974 and the Gas Safety (Installation and Use) Regulations 1998.
Mr Shaw was sentenced to sixteen months in prison at Leeds Crown Court on 9 February 2023.
“Whilst checks could have been made with Gas Safe Register to identify whether Mr Shaw was registered and competent to carry out the gas works prior to any work being undertaken, Mr Shaw knew he was not allowed to do this work. The carrying out of illegal gas work will not be tolerated and will be investigated fully with offenders being brought to justice.”
16th June 2023
Hefty Fine For Health & Safety Failings
Work was taking place to convert an old bank into offices on London Road in Alderley Edge.
The HSE inspected the site on 9 October 2020, and found many health & safety failings, including several areas where workers could have fallen from height, a risk of exposure to hazardous substances, and inadequate welfare facilities.
Daniel Taylor Builder & Architectural Woodworker Limited was served with THREE Prohibition Notices prohibiting unsafe activities and FIVE Improvement Notices requiring the company to take remedial action to comply with the law.
A HSE investigation then found the company had previously been the subject of enforcement action relating to unsafe work at height at both its construction sites and joinery workshop.
The investigation also found the company director was acting as site manager at the London Road site and had failed to ensure necessary health & safety measures were implemented to protect employees and others, despite the previous HSE interventions. Daniel Taylor Builder & Architectural Woodworker Limited pleaded guilty to breaching Health & Safety at Work Act 1974.
The company was fined £20,000 following its early guilty plea and ordered to pay £1,507.71 in costs at South Cheshire Magistrates Court on 8 February 2023.
David William Taylor pleaded guilty to breaching Health & Safety at Work Act 1974. He was fined £10 by the district judge taking into account the totality of sentencing the defendant as a director of the company, his early guilty plea, positive references and his cooperation with HSE enforcement action. He was ordered to pay £1,507.71 in costs.
“Good management of health & safety onsite is crucial to the successful delivery of a construction project and principal contractors have an important role in managing the risks of construction work and ensuring that safety measures are implemented.”
5th June 2023
R.I.P. Dennis Vincent
On 24 February 2021, a young father and another worker were using ropes to install a lightning protection system to the front of a Warrington office block being converted into flats.
Dennis Vincent was lowering the access equipment from the roof, using a rope attached to a frame at roof level and a handrail at ground level. As he did so, both he and the frame fell from the roof to the ground.
An investigation by the HSE found the employer, PTSG Electrical Services Limited, failed to adequately assess the risks associated with this work, giving little consideration to the work at height hierarchy of control and opting for personal protection measures over more suitable collective protection measures, such as scaffolding or a mobile elevating work platform (MEWP).
In addition to this, the company had not planned for getting the rope access equipment onto and off the roof safely, providing no instructions to the operatives.
The company was fined £120,000 and ordered to pay £5448.51 in costs at Wirral Magistrates Court on 9 February 2023.
“Our thoughts should be with the family of Dennis Vincent, a young father and husband who did not return home on 24 February 2021 because of the failings of his employer.
This incident could easily have been avoided by better planning of the work to ensure adequate controls were in place to prevent falls from the roof.
Whilst rope access techniques are appropriate in some circumstances, they should only be used if more appropriate measures, such as fixed scaffolding, cannot be.
Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
15th May 2023
Health & Safety should be an Integral Part of any Business
A building firm has been fined for a catalogue of health & safety failings that included two workers being lifted into the air by a raised excavator bucket. It was one of a number of health & safety failings found during construction work at a site in Littleborough.
HSE inspectors visited the housing development on 7 July 2021 and issued Hoyle Developments Limited, the site’s principal contractor, with a Prohibition Notice for inadequate scaffolding and Improvement Notices for a lack of welfare facilities and insecure fencing. HSE inspectors had visited the same site four times between November 2018 and August 2021.
Repeated breaches were found including a lack of sufficient welfare, unsuitable controls for work at height and inadequate protection from silica dust exposure.
Hoyle Developments Limited was served with multiple Notifications of Contraventions, Prohibition Notices and Improvement Notices. Hoyle Developments Limited pleaded guilty to breaching Health & Safety at Work etc Act 1974. The company was fined £120,000 and ordered to pay £3,165.15 in costs at Manchester Magistrates Court on 25 January 2023.
This proactive prosecution demonstrates that HSE will not hesitate to take proactive enforcement action against those that continuously fall below the required standards and demonstrate persistent poor safety.
Health & safety should be an integral part of any business, not an afterthought, and having a clear health & safety policy and construction phase plan in place, before work commences, can assist with ensuring this.
2nd May 2023
Worker Crushed to Death
Philip McDonald had been hired by Birch Brothers (Kidderminster) Limited to assist with the construction of a concrete overflow weir structure near Ashbourne in Derbyshire.
The worker was with colleagues on a road above the work area waiting for the excavator to remove sand from trench boxes when it rotated clockwise and crushed him.
Kidderminster Magistrates Court heard that the principal contractor had hired steel fixers and joiners to undertake the work before tragedy struck on 5 September 2017.
An investigation by the Health & Safety Executive found that the work had not been adequately planned, and no instruction had been given to the digger operator or to pedestrians who were working in the area. The risks associated with the work had not been adequately assessed either; and there was no segregation of pedestrians and plant in this area of the site.
The company had not appointed a banksman to ensure the safety of pedestrians while the vehicle was in operation and there was also nobody to oversee this element of the work to ensure it was carried out safely.
Following the incident, a Prohibition Notice was served stopping further work involving mobile plant and vehicles until the site had been organised in such a way that pedestrians and vehicles could move without risks to safety.
The principal contractor pleaded guilty to breaching CDM Regulations 2015 and was fined £146,000 and ordered to pay £4,621.90 in costs.
In September 2022, the company appointed liquidators.
“This was a tragic incident that was easily preventable. Those in control of work have a responsibility to organise their sites and devise safe methods of working in relation to vehicles and pedestrians and ensure they are implemented. Site vehicle incidents can and should be prevented by effective management of transport operations throughout the construction process. Companies should be aware that Health & Safety Executive will not hesitate to take appropriate enforcement action against those that fall below the required standards.
15th April 2023
Worker Hurt Falling Through Collapsed Floor
A construction company has been fined £66,667 after a worker was injured when a floor that was under construction collapsed. The worker was one of three who were working on the incomplete first floor of a building that was being constructed in Croydon on 23 June 2021.
Several pallets of blocks were lifted onto the incomplete concrete beam and block floor using a loader crane, eventually causing the floor to collapse.
One of the three workers fell to the ground and suffered an open fracture to his left leg as well as a broken wrist.
An investigation by the Health & Safety Executive found that Lusson Limited did not take any steps to prevent falls from height and they failed to establish a safe system of work for this task.
The company pleaded guilty to breaching Construction (Design & Management) Regulations 2015 and fined £66,667 and ordered to pay costs of £1,907 at Westminster Magistrates Court on 21 December 2022.
“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices. Companies should be aware that the HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
12th April 2023
Worker Crushed on Site
Ace Demolition Services Limited was contracted by Southend Borough Council to demolish Futures Community College in Southchurch Boulevard.
Shannon Brasier was working with a colleague to load a fuel hose into the rear compartment of a 21-tonne excavator when the excavator moved round and crushed her between the excavator and a mobile fuel tank.
The 20-year-old suffered life-changing injuries including to her neck, skull and face which she was fortunate to survive.
An investigation by the Health & Safety Executive found that Ace Demolition Services failed to implement suitable controls to segregate pedestrians and construction plant, allowed two pairs of keys to be used during the refuelling process and allowed operatives to act as signallers/banksman for the excavator without having received adequate training.
John Gilligan was responsible for supervising the refuelling and drove the excavator before the refuelling was complete. The director pleaded guilty to breaching the Health & Safety at Work Act 1974.
The company was given a £20,000 fine and ordered to pay £9,731 in costs at Chelmsford Magistrates Court. John Gilligan was given a twelve-month community order with a requirement to undertake 250-hours of unpaid work.
“This incident could have easily been avoided; while there were a number of shortfalls, this incident ultimately occurred due a failure to keep the workers away from the excavator. Duty holders must ensure that individuals are segregated from vehicles and construction machinery.”
2nd April 2023
Fake Health & Safety Law Posters
It is worth checking that you’re not buying fake Health & Safety Law Posters; as only the HSE can approve a version of the actual poster.
If you employ anyone, the law says you must display an approved version of the poster, or provide each worker with a copy of the equivalent leaflet.
You must display the poster where your workers can easily read it and you must not print a copy yourself.
“Welsby Slater Limited, and the HSE, are aware of suppliers selling fake versions online that haven’t been approved. The current version of the law poster includes enhanced security features and is more durable.”
16th March 2023
Engineer Jailed for Illegal Gas Work
Peter Read, trading as ACE Plumbing & Heating, was contracted to install a new gas central heating boiler for a client in January 2020.
A few days later the client experienced problems with the boiler. On inspection by an engineer on the Gas Safe Register, the installation did not meet current standards. Further repair work was then required by a Gas Safe Registered engineer to ensure that the installation was in a safe condition.
An HSE investigation found Peter Read was not competent to carry out gas work and not on the Gas Safe Register at the time he carried out this work.
He had previously been prosecuted by the HSE in April 2016 and had been found guilty of carrying out unregistered gas work. He was fully aware of his legal responsibilities when carrying out gas work.
Peter Read pleaded guilty to breaching the Gas Safety Installation & Use Regulations 1998 and the Health & Safety at Work etc Act 1974. He was handed a custodial sentence of twenty-weeks at Portsmouth Magistrates’ Court on 2 December 2022.
“Peter Read continued to carry out gas work while he was not competent to do so and while not Gas Safe Registered. He showed a blatant disregard for the law and continued to put people at risk despite previous enforcement against him by the HSE. His actions have not only caused considerable stress for clients, but have also resulted in additional financial outlay required to put right his poor quality work. Anyone who needs gas work must make sure they check that the engineer has the right skills and is registered with Gas Safe Register. This is very easy to do and by law, anyone working with gas must be listed on the register.”
8th March 2023
Asbestos - An Important HSE Announcement
The HSE has launched a new campaign to remind people working in construction trades to manage the risks associated with asbestos. In 1999, asbestos was banned, but still around 5,000 people a year die from asbestos related diseases due to the decades delay between exposure and symptoms of the disease appearing.
Asbestos didn’t disappear when it was banned in Britain and remains in millions of homes and buildings. Asbestos exposure is still the single greatest cause of work-related deaths in this country with those carrying out repairs or refurbishment work being at a higher risk of disturbing asbestos, especially when working in houses.
Builders, carpenters, electricians, joiners, plasterers, plumbers and roofers are just some of the trades being urged to take the risks of asbestos seriously. The campaign will target all trades with a focus on younger workers who have recently joined the industry.
The HSE particularly wants to reach those who started their careers from the year 2000, after the use of asbestos was banned so they know the risk still remains. Asbestos containing materials were used extensively in the construction and maintenance of buildings from the 1950s to the year 2000.
“Asbestos is dangerous when not maintained in a safe condition or if physically disturbed without the right measures in place to avoid fibres being released into the air. If asbestos fibres are inhaled, they can cause serious diseases such as mesothelioma, asbestos related lung cancer, asbestosis and pleural thickening. These diseases often take a long time to develop, and it can take 20 to 30 years for symptoms to appear. Construction workers of any age are at significant risk if they disturb materials containing asbestos during repairs and refurbishment. Where it can’t be maintained safely in place, it must be removed.”
2nd March 2023
Another fall from height and HSE investigation
MH Costa Construction had been completely renovating the property in Fulham which included building a basement and an extension.
In November 2018, a worker, along with others, was working on the extension’s flat roof when he fell through an opening created for the installation of a skylight. The opening was covered with loose planks and work was in progress immediately by the opening. An investigation by the HSE found it would have only taken a small movement to dislodge the planks. The worker either fell or stepped onto a plank which then tipped causing him to fall to the basement below.
The company’s risk assessment records did not consider how to prevent falls through the opening. Additionally, there was no scaffolding or other measures to prevent falls off the sides of the flat roof. The HSE also found other areas where workers could fall as well as issues relating to manual handling, trip hazards, hazardous wood dust and the storage of flammable materials. There was also no evidence the injured worker had been provided with any formal health & safety related training. MH Costa Construction pleaded guilty to a breach of CDM Regulations 2015.
They were fined £96,000 and ordered to pay £18,965.66 in costs at Southwark Crown Court in November 2022.
“Working on roofs is a high-risk activity, so it’s essential it is carefully planned. The worker suffered serious injuries and may never be able to work again. It’s good fortune he was not killed, but it must have been awful for his family waiting for the six-weeks when he was in a coma. The company ignored opportunities to review and improve health & safety arrangements before this incident. The HSE had served Notification of Contraventions on the company at two other sites during the previous six-months including highlighting unsafe working at height. At one site, a visiting health & safety advisor provided the company with audit reports which raised edge protection issues as needing immediate attention.”
15th February 2023
Father-of-Two Killed
Jonathan May was working on a storm-damaged warehouse roof in Barnsley with two others on 18 December 2016 when the father-of-two was killed after falling 12 metres through a skylight.
The work involved the replacement of more than 300 skylights on a fragile asbestos cement roof. The skylights had been damaged in a hailstorm. An investigation by the HSE found Davis Industrial Roofing Limited had failed to provide an appropriate risk assessment, method statement and suitable & sufficient fall protection measures for the roof work to be carried out safely.
The investigation found, even though reasonably practicable precautions were available, poor planning had resulted in a risk assessment and method statement that was not suitable and sufficient. The work was poorly supervised and carried out unsafely. Melvyn Davis, the sole director of the company, who had drawn up the RAMS and had regularly visited the site to monitor progress, had failed to provide suitable and sufficient fall protection measures and consented to the use of an unsafe system of work. This constituted a personal neglect for safety during the roof work.
Melvyn Davis pleaded guilty to breaching the Health & Safety at Work etc Act 1974 and was sentenced to eight weeks imprisonment suspended for twelve months and ordered to do fifteen days of rehabilitation activity, at Sheffield Magistrates Court on 16 November 2022. Davis Industrial Roofing Limited pleaded guilty to breaching the Health & Safety at Work etc Act 1974 and fined £20,000.00 and ordered to pay £12,557.00 costs.
“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices. Companies and directors should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
3rd February 2023
Contractor Fined for Multiple Safety Failings
An investigation by the HSE found a contractor failed to plan, manage and monitor health and safety work on construction sites across England.
The company was given a series of Notification of Contravention letters, official correspondence that outline how firms need to improve and provide advice on doing so. They also received a significant number of formal Improvement and Prohibition Notices due to unsafe work, yet the company repeatedly failed to ensure the work being done on their sites was carried out safely and without risks to health. The company failed to reach the required basic legal standards.
The HSE investigation also found that the managing director should have ensured measures were taken to comply with each concern when it was raised by HSE and these measures were maintained. The company pleaded guilty to breaching CDM Regulations 2015. The company was fined £116,666 and ordered to pay costs of £8,294.40 at Manchester Crown Court. The managing director was served with a formal caution after accepting he was guilty of breaching the Health & Safety at Work etc Act 1974, in relation the company’s failing of CDM Regulations 2015 on the basis of neglect.
It is accepted by HSE that responsibility for compliance with the relevant legislation was not limited to the managing director.
“Companies have a duty of care to those they employ and HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards. The company and their managing director had every opportunity to improve standards and maintain these improvements, but they sadly failed to do so and continued to put workers and contractors at risk. The company has a long history of formal enforcement and prosecutions from HSE and it is hoped that this case will serve as a wake-up call for them to ensure that their management is robust enough to maintain any and all health & safety improvements they make in the future.”
25th January 2023
The Fire Safety (England) Regulations 2022
These are new requirements for responsible persons of mid and high-rise blocks of flats to provide information to fire and rescue services to assist them with operational planning and provide additional safety measures.
In all multi-occupied residential buildings, residents should now be provided with fire safety instructions and information on fire doors. The Fire Safety (England) Regulations 2022 are now law from 23 January 2023 and form part of a package of sensible, risk mitigating fire safety measures that the UK Government is delivering following the Grenfell Tower fire to keep the public safe.
In high-rise residential buildings, responsible persons will be required to:
Provide local fire & rescue service with up-to-date electronic building plans and information on the design and materials of their external wall
Undertake monthly checks of firefighting lifts, evacuation lifts and other key pieces of firefighting equipment
Install secure information box and wayfinding signage
In mid-rise residential buildings, over eleven metres, responsible persons will be required to undertake annual checks of flat entrance doors and quarterly checks of all fire doors in the common part.
16th January 2023
An Employee Receives an 11,000-volt shock!
On 30 September 2019 an employee of a groundworks company was pouring concrete on a site near Banbury when the floating arm of a mobile pump came into contact with an overhead powerline.
As a result, the employee received an 11,000-volt shock which caused him to lose consciousness. Colleagues had to perform CPR to resuscitate him at the scene. He was later taken to hospital where he was in a coma for six-days and hospitalised for ten-days. The HSE investigation found that the company fell far below expected standards and failed to implement its own control measures documented within its risk assessment.
The HSE investigation also found that the sole trader failed to plan, manage or monitor the construction phase and failed to ensure reasonably practicable control measures were in place. Additionally, the concrete pump operator failed to take reasonable care for the health & safety of himself and others who were affected by his act and omission.
The company pleaded guilty to breaching Electricity at Work Regulations 1989 and the company was fined £50,000 and £5,425 in costs plus a £181 victim surcharge of £181 at Oxford Magistrates Court on 28 October 2022.
The sole trader pleaded guilty to breaching CDM 2015 and fined £3,000 and £525 in costs plus a £181 victim surcharge. And the concrete pump operator pleaded guilty to breaching the Health & Safety at Work Act and handed a twelve-month community order with a requirement to carry out sixty-hours of unpaid work and ordered to pay £2,000 in costs plus a £90 victim surcharge.
“The company could have ensured that the mobile concrete pump lorry was positioned outside an exclusion zone to prevent contact with the overhead powerline. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
6th January 2023
Failings in Fire Management
In January 2018 the HSE undertook a proactive inspection to investigate health & safety failings by a building contractor at a site in Brentwood after concerns were raised that people were sleeping onsite. The subsequent HSE investigation, assisted by Essex Fire & Rescue Service, identified failings in fire management at the site which created risks to workers and the public who were visiting show flats outside of business hours. The site was poorly managed and construction work was being carried out in an unsafe manner which could have resulted in a fire.
The contractor had previously been subject to HSE interventions after risks of a fire had been identified across a number of sites over several years. Evidence gathered during investigation indicated that the company director regularly attended the site but failed to implement improvements from previous HSE interventions. The contractor pleaded guilty to breaching Health & Safety at Work etc Act 1974. The company was fined £600,000 and ordered to pay costs of £36,894 at Basildon Crown Court on 25 October 2022. A company director pleaded guilty to contravening Health & Safety at Work etc Act 1974. He received a community order to complete 100-hours of unpaid work and was given a £4,200 fine.
“The contractor completely ignored the importance of fire safety measures on a construction site led by a director who wilfully chose to ignore the risks despite evidence he knew how to make things safe. This unsurprisingly resulted in a site where risks were also ignored by his workers. Follow the guidance, get competent advice and take responsibility that the law requires at the very least, or someone may get hurt, which thankfully did not happen here.”
16th December 2022
Groundworker Engulfed in Flames
A Kent groundwork contractor has been fined after a worker sustained serious burns following petrol being thrown on a bonfire.
On 24 June 2020, a groundworker employed by the contractor was working on a new residential development in Ramsgate when a co-worker used petrol on a bonfire. The groundworker was unaware of this and after he was instructed to light the bonfire, it engulfed him in flames as the petrol vapour ignited.
The worker suffered serious burns and underwent two skin graft operations to his left hand, left arm, left side of torso and both his legs.
An investigation by the Health & Safety Executive found the company had failed to appropriately supervise their operatives and failed to provide them with the appropriate information and instruction, so far as is reasonably practicable to ensure work was carried out without risks to health or safety.
At Folkestone Magistrates on 10 October 2022, the company pleaded guilty to breaching Construction (Design & Management) Regulations 2015. They were fined £10,000 and ordered to pay nearly £8,000 in costs.
The operative’s injuries are life changing and could have easily been fatal. This serious incident and devastation should have been avoided if those in control of the work provided the appropriate supervision, information and instructions to their workers.
2nd December 2022
Contractor Breaches Prohibition Notice
A property investment company was using a site-made cradle during the renovation of a five-story building on Bermondsey Street in London.
Cradles are temporary suspended work access platforms widely used in construction, which are commonly suspended from cables and raised & lowered into position by winches.
However, Westminster Magistrates Court heard that on and before 26 February 2019, the company put operatives at risk of falling from height while unsafely refurbishing the front façade of the building. Despite being served with a Prohibition Notice by the HSE the company continued working the following day.
An HSE investigation found that workers were at significant risk of falling from height by manually lifting the cradle from the open edge of the roof and working from height near unprotected openings; and that the work was not appropriately supervised.
The company also obstructed justice by refusing to allow the HSE inspector access to the site. As such, the company failed to ensure the health, safety and welfare of those carrying out the work.
On 10 October 2022, the company pleaded guilty to breaching Health & Safety at Work etc Act 1974 and breaching the Prohibition Notice.
They were fined £46,000 and ordered to pay over £24,000 in costs.
“HSE Inspectors will not hesitate to take appropriate enforcement action against duty-holders who fall below the required standards and put lives at risk. Working at height remains one of the biggest causes of fatalities and major injuries. In 2021/22, falls from height accounted for 29 fatal injuries in the workplace.”