Skill Builder

A London based construction company has been fined for safety failings.

Westminster Magistrates’ Court heard how RS Construction UK (London) Limited was working at a site on St Dionis Road, London which was inspected by the Health and Safety Executive (HSE).

The inspector found there was an excavation directly behind the front door, which was the only entrance and exit for the site.

Excavated entrance and exit to and from site

The excavation was approximately 3.5 meters deep with no means of shoring to support the sides of the excavation and no edge protection around the top to stop persons, materials or objects falling into it.

Of immediate concern was a worker in the bottom of the excavation who was instructed to exit the excavation.

An investigation by the HSE found that the RS Construction had received previous enforcement action on similar risks on other sites and still failed to ensure suitable and sufficient safe access and egress to and from the construction site and also failed to ensure all practicable steps were taken to prevent danger to any person from working in the excavation.

RS Construction UK (London) Limited, of International House, Regents Street, London, pleaded guilty to breaching Regulations 17(1)(a) and 22(1) of the Construction (Design and Management) Regulations 2015, and was fined £40,000. £20,000 for each offence and ordered to pay full costs of £1,486.

For further information working in basements and excavation visit: www.hse.gov.uk.

A self-employed contractor has been fined after an employee was fatally crushed when the trench he was working in collapsed on him.

Swansea Magistrates’ Court heard how William Ryan Evans was contracted to construct a drainage field comprising of infiltration pipes laid at the bottom of deep trenches. He employed two workers and a subcontractor excavator to undertake the work at Longstone Farm, in Pembrokeshire.

Hywel Glyndwr Richards, aged 54, entered the trench to remove a clump of soil that had fallen into the trench when it collapsed, burying him. He died at the scene.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 26 June 2012 found that the work was not planned appropriately and the risk assessment was not suitable or sufficient. The workers were not appropriately trained and suitable equipment to prevent a collapse were not provided.

At Swansea Crown Court on Monday 11 April, William Ryan Evans, of Blaenwaun Twr, Trelech, Carmarthenshire was found guilty of breaching Section 2 of the Health and Safety at Work etc Act 1974 and was given a six-month custodial sentence.

HSE Inspector Phil Nicolle said: “This tragic incident could have been prevented by undertaking a suitable and sufficient assessment of the risks, providing the correct equipment or safe working methods to the workers and managing and monitoring the work to ensure it was done safely.

“Work in excavations needs to be properly planned, managed and monitored to ensure no one enters an excavation deeper than 1.2m without adequate controls in place to prevent a collapse.”

Hywel Richards’ family said: “Dad was an integral part of our family, the glue that kept us all together. Our family was devastated by his sudden death. We have wondered so many times why this has happened to us, we were meant to grow up with Dad as our guide; the man we looked up to and loved so much.

“Family gatherings and celebrations, once joyous occasions, are now ruined because dad is not there. Today, and for the rest of our lives, we are mourning the loss of dad, our best friend, our confidant and protector. Quite simply, he has left a space that will never be filled. We hope that lessons will be learned from dad’s death.”

For further information on safety in excavations visit: www.hse.gov.uk/construction/safetytopics/excavations

A Hertfordshire based contractor has been found guilty for a series of safety failings across two separate sites.

The Health and Safety Executive (HSE) received a complaint in March 2014 from a member of the public living close to the former Chesham Community Hospital site in Buckinghamshire, concerning activities taking place on the premises.

When HSE inspectors arrived they found a catalogue of failings including the presence of asbestos containing materials among building debris, demolition arrangements not recorded in writing, and witness accounts of dangerous practises including unsafe work at height and use of construction machinery, poor site security and a lack of welfare facilities. In HSE’s opinion there was also a serious risk of injury from collapse of partially demolished buildings.

Enforcement action was taken immediately by way of Prohibition and Improvement Notices being served on both the contractor and client to ensure on-going risks were controlled. The client Chesham Care Ltd) was prosecuted for failings under the Construction (Design & Management) Regulations 2007 (CDM) and fined a total amount of £30,000 in October 2015.

Milton Keynes Magistrates’ Court heard attempts were made by HSE to contact the contractor without avail. However, in June 2015 an HSE inspector was alerted to unsafe working practices at a site in Stevenage, Hertfordshire.

Upon attending, the HSE inspector found the same contractor in control of workers unsafely dismantling parts of the building to recover recyclables, such as metal. No risk assessment had been done regarding respiratory exposure to asbestos containing materials. The client told HSE the contractor was working without their knowledge on the site and had alerted the police.

As well as immediate enforcement action being taken on site to control risks, a private investigator was subsequently used to track down the contractor who had failed to respond to HSE.

Milton Keynes Magistrates’ Court heard Scot Ian Richardson t/a Aztec Demolition was acting as the contractor in control for both projects. After a trial Scot Ian Richardson was found guilty of two breaches of the CDM Regulations 2007, one breach of The Control of Asbestos Regulations 2012 and one breach of The Health and Safety at Work Act etc,1974 and was sentenced to four months suspended custodial sentence and 200 hours community service order. He was also ordered to pay costs of £1,200.

After the hearing, HSE inspector Rauf Ahmed said: “Sole traders who control workers to demolish and dismantle structures must understand their legal obligations. This is a high risk industry in which poor planning has no place. Family members expect their loved ones to come home in one piece.

“Clients have a key role in safely directing construction projects. Effective arrangements at the start can have an amplified positive impact down the various stages to completion, including making informed and competent appointments”

A plumber arranged for fraudulent gas safety checks at landlords’ tenanted properties leaving a gas boiler in a dangerous state and putting the lives of the tenants at risk.

Gary Lynch, aged 36, arranged for Neil Walker to undertake the landlords’ gas safety checks at tenanted properties on 14 separate occasions between February 2013 and May 2015 despite Neil Walker not being a registered gas engineer.

Gas safety records produced used a false Gas Safe Register registration number and a fictitious address for Neil Walker.

Gary Lynch claimed to have met Neil Walker in a pub and instructed him to undertake the landlords’ gas safety checks for him, as the agent for the landlords, but Gary Lynch did not undertake any checks on whether Neil Walker was registered to legally undertake such work.

One gas boiler that Neil Walker passed as safe was subsequently found to be ‘Immediately Dangerous’ and was potentially leaking poisonous carbon monoxide into the tenants’ property.

The tenants had been suffering from headaches and dizziness and contacted Wales and West Utilities who isolated the gas supply to the boiler and contacted the Health and Safety Executive (HSE) who investigated Gary Lynch’s activities.

During that investigation, Gary Lynch was not able to provide any information or contact details for Neil Walker. Gary Lynch was sentenced at Plymouth Crown Court.

Bogus Gas Safety Checks

He had previously been warned by HSE in 2014 about undertaking gas work whilst not registered following previous concerns.

Gary Lynch of Fletemoor Road, Plymouth, pleaded guilty to breaching Regulation 4 of the Gas Safety (Installation and Use) Regulations 1998 and Section 3(2) of the Health and Safety at Work etc Act 1974 and was sentenced to 12 months imprisonment for each offence suspended for 18 months and was ordered to pay £2,000 in costs.

HSE Inspector Simon Jones, speaking after the hearing, said: “Gary Lynch’s negligence could have cost lives.

All landlord’s gas safety checks must be done by registered Gas Safe engineers to ensure the highest standards are met to prevent injury and loss of life.

Mr Lynch knew this but carried on instructing an unregistered man and put the lives of tenants at serious risk from deadly carbon monoxide poisoning.

Further information about gas safety can be found at www.hse.gov.uk/gas/.

See more on gas safety checks with Skill Builder.

An unregistered gas fitter has been sentenced for illegally installing a gas boiler and undertaking landlord’s gas safety checks at a tenanted property. The boiler he installed was later classed as dangerous.

Christian Winter, 35, trading as CJS Winter Plumbing & Heating Services of Ashburton, Devon installed the gas boiler at a property on Park Road, Kingskerswell. He then undertook landlord’s gas safety checks at the tenanted property despite him having no competencies in gaswork or being registered with Gas Safe Register for any gaswork.

Further he then deceived the landlord of the property by using a fictitious Gas Safe Register registration number on the landlord’s gas safety records he produced.

Exeter Crown Court heard Mr Winter’s illegal gaswork came to light when the boiler he had installed and which he then passed as safe over the next three years was inspected by a properly registered member of Gas Safe. The gas engineer found a number of faults on the gas installation and classed the gaswork as dangerous.

On investigation the Health and safety Executive (HSE) found Christian Winter had used fraudulent Gas Safe registered details to deceive the landlord. When the landlord was informed of the defects she challenged Christian Winter but he continued to lie to her by stating that he was a registered gas engineer.

Mr Winter, Westabrook, Ashburton, Devon pleaded guilty to breaching Regulation 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998 and Section 3(2) of the Health and Safety at Work etc Act 1974 and was given a suspended prison sentence of 12 months; ordered to undertake 200 hours unpaid work and to pay £3,327.80 costs.

HSE Inspector Simon Jones, speaking after the hearing, said: “Only engineers registered with Gas Safe can legally carry out gas work and it is fortunate no-one was harmed as a result of Mr Winter’s illegal and dangerous gaswork.

“He compounded his illegal work by fraudulently using false Gas Safe Register details on his paperwork and then lied to a landlord when he was challenged about this in a clear attempt to deceive the landlord and tenant.

“The landlord relied on the honesty of Mr Winter but by deceiving her he put the lives of her tenants at risk for his own financial gain.”

For further information on domestic gas safety issues visit: www.hse.gov.uk/gas/domestic/