HSE warns of robust action after prosecution of Everest Ltd

HSE-E73:08 30 April 2008

The Health and Safety Executive (HSE) has issued a stark warning that companies face robust enforcement action following its prosecution of Everest Ltd, after workers were found to be repeatedly exposed to the risk of falling from height.

Everest Ltd, of Sopers Road, Cuffley, Potters Bar, was fined £6,000 with £15,963.25 costs, at Luton Magistrates' Court today (April 30), after pleading guilty to breaching health and safety law including Work At Height Regulations 2005 (see notes to editors for full charges).

HSE Inspector, Norman Macritchie said:

"The level of fatal and serious injuries in refurbishment projects remains unacceptable.  Each death is a tragedy for those involved and there is no room for any complacency.  The challenge for the construction industry is to ensure that sensible and effective precautions are in place to stem these deaths. 

"Employers must ensure that safe working practices are developed and followed. HSE inspectors will not tolerate negligence or poor safety standards on construction sites. Robust enforcement action may well be taken, especially where there is serious or repeated breach of legislation, or failure to control the lethal risks associated with work at height."

The prosecution arose following inspections on 14th July 2006 and 6th November 2006 when a HSE inspector passed neighbouring residential properties on Crawley Green Road in Luton, where Everest Ltd was contracted to perform domestic roofline refurbishment.  The work involved persons working at height from mobile tower scaffolds and associated work platforms, but without suitable protection to prevent them from falling.   The Inspector took immediate enforcement action and served a Prohibition Notice which stopped the work at both sites. 

Everest Ltd was also recently fined £4,000 in another case taken by HSE, when a Roofline Installer fell from the platform on which he was working. 

Notes to editors

1. Charges:
   • Health and Safety at Work etc Act 1974 Section 3 between 13 July 06 and 7 November 2006;
   • Work at Height Regulations 2005 Regulation 8(a) on 14 July 2006 (at an address in Crawley Green Road, Luton);
   • Work at Height Regulations 2005 Regulation 8(a) on 6 November 2006 (at the neighbouring address).
2. Section 3(1) of the HSWA states:  'It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.'
3. The Work at Height Regulations 2005, regulation 8 (a) states:  'Every employer shall ensure that, in the case of a guard-rail, toe-board, barrier or similar collective means of protection, Schedule 2 is complied with.
4. Information about construction safety is on the HSE website at:  http://www.hse.gov.uk/construction/index.htm.
5. Inspectors from HSE's Construction Division recently undertook an inspection initiative targeting the industry's refurbishment sector.   See http://www.hse.gov.uk/press/2008/e08018.htm
6. HSE's prosecutions and enforcement database have details of current enforcement action taken by HSE against Everest Ltd; see and http://www.hse.gov.uk/prosecutions/case/case_details.asp?SF=CN &SV=4085431

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