Two firms prosecuted for dangerous building site

Date:

30 August 2011

Release No:

COILON/28-07

Two construction companies have been fined for "appalling" standards at a building site in the London Borough of Merton.

The Health and Safety Executive (HSE) prosecuted principal contractor, Kubik Homes Ltd, and the subcontractor, Bellway Developments Ltd after visiting the site in Wimbledon on several occasions.

Kubik Homes Ltd had already been served with four Prohibition Notices, one of which was actually breached while HSE Inspectors were on site.

City of London Magistrates' Court heard there had been no safe access to the first floor under construction at the St Mary's Road site. Instead, there was a makeshift 'staircase' formed from a bag of sand and piles of blocks, leading to the roof of a hut.

The first floor was accessed from the hut roof via wooden planks, spanning the gap between them. There was no edge protection to prevent falls.

On a visit to the site, HSE inspectors found a wooden gangway built the day before to provide access to the first floor was inadequate. There was also a 2.5 metre-deep excavation with no precautions taken to prevent people falling into it or the sides of the excavation collapsing in on anyone working within it.

The work areas around the site were uneven, littered with obstructions and trip hazards. Building materials had been stacked excessively high and stored haphazardly. Welfare facilities on-site were also extremely poor. The toilet was filthy and had a leaking cold water supply.

HSE served three Prohibition Notices to Kubik Homes ordering all work on site to cease until health and safety standards had been improved. On returning to the site, HSE Inspectors found an attempt had been made to erect edge protection around the first floor, but it was inadequate. Representatives of neither company had sufficient training, experience or a recognised qualification in site management.

While inspectors were on site, two men were seen walking on the first floor in breach of one of the Prohibition Notices. It became clear that work was still continuing in an unsafe manner, so another Prohibition Notice was served. This ordered all work on the site to stop until competent site management was put in place.

Speaking after the hearing, HSE's inspector Loraine Charles said:

"Although there was no incident, the potential danger to the workers was very high.

"Conditions on this site were simply appalling. This is a shocking example of bad management of a construction site and it is a miracle that no one was injured.

"Both these companies failed to understand the nature of their duties under health and safety law and failed to sufficiently improve conditions on the site despite repeated interventions by the HSE. We will not hesitate to prosecute companies that behave in this way."

Kubik Homes Ltd, of High Street, Wimbledon, pleaded guilty to breaching section 3(1) of the Health and Safety etc at Work Act 1974. The firm was fined £8,000 and ordered to pay costs of £2,426.50.

Bellway Developments Ltd, of Coniston Road, Bromley, Kent, also pleaded guilty to breaching section 3(1) of the Act 1974. It was fined £8,000 and ordered to pay costs of £2,384.50.

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Section 3(1) of the Health and Safety at Work etc Act 1974 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. Information on risk assessments can be found at: http://www.hse.gov.uk/risk/casestudies/index.htm

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the Health and Safety Executive by COI News & PR London