£9000 fine following injuries to construction worker

HSE Press Release: E065-04 - 12 May 2004

A construction company was today fined a total of £9000 and ordered to pay £2701 costs at City of London Magistrates Court, after pleading guilty to breaches of health and safety legislation. The case, brought by the Health and Safety Executive (HSE) against the London Basement Company of Surbiton, Surrey followed an accident in December 2002.

A worker suffered serious pelvic injuries when clay fell on him during excavation work to create a basement beneath an existing building on a construction site in Hewer Street, London, W10.

The London Basement Company pleaded guilty to three breaches of the Construction (Health, Safety and Welfare) Regulations 1996:

• Failure to prevent a worker becoming trapped by a fall of material;
• Failure to keep records of the excavation inspections, and
• Failure to provide adequate washing facilities.

The HSE inspector handling the prosecution, Giles Meredith, said:

"This accident shows the very real dangers of working in excavations that are not properly supported. The Court also recognised the impact that the accident has had on the victim."

Notes to editors

1) The Magistrate also instructed that the maximum compensation award (£5000) available in a Magistrates Court be paid to the worker injured in the accident.

2) Section 12(2) of the Construction (Health, Safety and Welfare) Regulations 1996 states that:
"Suitable and sufficient steps shall be taken to prevent, so far as is reasonably practicable, any person from being buried or trapped by a fall or dislodgement of any material."

3) Section 30(1) of the Construction (Health, Safety and Welfare) Regulations 1996 states that:
"…where an inspection of an excavation is required …the person who carries out the inspection shall, before the end of the working period within which the inspection is completed, prepare a written report, which shall include the particulars set out in Schedule 8 (falling objects)".

4) Section 22(4) of the Construction (Health, Safety and Welfare) Regulations 1996 states that:
"Suitable and sufficient washing facilities, including showers if required by the nature of the work or health reasons, shall be provided or made available at readily accessible places …".

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