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Examples of enforcement - Construction

Prosecution of a construction company following a fatal accident to an employee

An employee was killed when the auger drive unit of a piling rig he was attempting to dismantle flew off its stand and struck him.  The defendant had been contracted to carry out piling around the perimeter of the site to form a retaining wall, enabling the area to be excavated for the construction of a new office block.

Outcome:

The company pleaded guilty, was fined £100,000 and ordered to pay costs of £76,128.68.

Worker crushed by a falling wall

The defendant, a domestic client, was having an extension built on his house.  One of his workers, a casual labourer, received severe injuries after being crushed by a falling wall.   The injured person had been working from an improvised working platform consisting of two scaffold planks spanning a bay window opening at a height of 3.5 metres. Whilst using an electric drill and hammer to demolish a wall, part of the wall collapsed, knocking him to the ground and causing very severe injuries.

Outcome:

The defendant was charged with 2 breaches of Health and Safety legislation. After entering a not guilty plea the defendant was found guilty and fined £750 for each breach. As the employee was severely injured for the rest of their life the defendant was ordered to pay a very large 5 figure sum in compensation. The defendant was also found guilty of breaching one of the Prohibition Notices and sentenced to 6 months imprisonment.

Updated 2009-02-06