Property company ignored order to keep workers safe

Date:

17 January 2011

Release No:

W0211JG

A property company in Aberystwyth was summoned to court after putting its workers at risk and then ignoring an order to improve safety.

The Health and Safety Executive (HSE) issued a prohibition noticed to Merlin Homes (Wales) Ltd on 12 February 2010 to stop work behind their development at Parc Y Bryn, off North Road in Aberystwyth, as there was a risk that the bank behind the properties could collapse.

The Merlin Homes (Wales) Ltd development at Parc Y Bryn, Aberystwyth

The company had failed to take steps to prevent materials falling from the slope endangering employees working below it.

However, despite the prohibition notice Aberystwyth Magistrates' Court heard that HSE had found the company at work behind the site, failing to act upon the enforcement notice.

Merlin Homes (Wales) Ltd, of Glanyrafon Industrial Estate, Aberystwyth pleaded guilty to contravening the prohibition imposed by HSE by allowing people to work in a prohibited area under Section 33(1) of the Health & Safety at Work Act 1974. The company was fined £10,000 and ordered to pay £7,700 costs.

After sentencing HSE inspector Philip Nicolle said:

The Merlin Homes (Wales) Ltd development at Parc Y Bryn, Aberystwyth

"Merlin Homes (Wales) Ltd failed to take the appropriate health and safety measures to ensure that all employees on site were working in a safe environment.

"Having received a prohibition notice the company should have followed procedures and put correct working practices in place. But they ignored this binding legal order and continued putting contractors at risk from falling or dislodged materials in full knowledge of the potential dangers.

"This is clearly unacceptable and companies should be aware that ignoring enforcement notices and putting workers at serious risk will see them in court."

Notes to editors

1. Regulation 33(1) of the Health & Safety at Work Act 1974 states that "It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal)."
2. 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

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