HSE Press Release E138:02 - 11 July 2002

Nine construction firms fined more than £28,000 after HSE prosecutions

Nine construction companies were fined a total of more than £28,000 after the Health and Safety Executive (HSE) prosecuted them for breaching health and safety regulations governing the danger of workers falling from heights.

The prosecutions took place at City of London Magistrates' Court yesterday (Wednesday 10 July). They represented one of the largest number of cases HSE has brought to court in one day, and followed a week-long construction safety blitz in London between 29 April and 3 May this year.

The nine companies, all based in London and the South East, were fined a total of £28,050 with £4,419 costs, after pleading guilty to offences under Regulation 6 of the Construction (Health, Safety and Welfare) Regulations 1996 (CHSW), which governs the danger of falls from heights.

A tenth company, E J Roberts Roofing, of Limes Road, Beckenham, BR3 2NS, prosecuted under the same regulations, pleaded not guilty, and its case was adjourned.

Speaking after the hearings, HSE's prosecuting inspector, Barry Mullen, said:

"We are pleased with how the cases have gone. We have sent out a significant message to the construction industry that HSE is ready to deal with the risk of falls from height in a positive and firm manner. We will not flinch from taking strong enforcement action against anyone who does not comply with health, safety and welfare laws.

"Most of the firms prosecuted had viewed the action taken against them as positive and are putting measures in place to improve safety, although the construction industry still has a long way to go."

HSE's blitz revealed that many of the capital's construction sites still have poor health and safety working standards. Enforcement action was taken against almost two-thirds of the sites visited.

223 construction sites were inspected during the blitz and 110 Prohibition Notices were served. Unsafe work was stopped on nearly half the sites visited for issues such as a failure to provide proper fall protection and a lack of welfare facilities. A further 11 Improvement Notices were issued, most for inadequate welfare facilities.

The blitz was the first of a rolling programme of inspections to be held across the country this year and concentrated on falls from height and welfare.

Notes to Editors

1. Prosecution results:

2. The prosecutions involved breaches of Regulation 6(1) of CHSW which states that, "suitable and sufficient steps shall be taken to prevent, so far as is reasonably practicable, any persons falling," and Regulation 6(3) of CHSW which specifies that, "where any person is to carry out work at a place from which he is liable to fall a distance of two metres or more," then specific measures should be taken in accordance with the Schedules to the Regulation. Such measures include the provision of guardrails, toe-boards, barriers and similar means of protection, and, where necessary, working platforms.

3. There were 114 fatal injuries in the construction industry between 1 April 2000 and 31 March 2001, eight of which were to members of the public. 44 per cent of these were caused by falls from height; 17 per cent - struck by moving vehicles, 8 per cent - struck by moving/falling object, 17 per cent - trapped by something collapsing/overturning, 14 per cent - other. A further 5,046 people suffered major injuries, 317 of whom were members of the public. 9,920 workers in the construction industry suffered injuries that kept them off work for more than three days (Health and Safety Statistics 2000/01).

4. The maximum fine for any offence under CHSW is £5,000 in a magistrates' court, or an unlimited fine upon conviction in a Crown Court.

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Published on the HSE web site on 15 July 2002

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