Hertfordshire property developer prosecuted after workers put at risk

Date:

7 August 2012

Release No:

HSE-104

A property developer has been fined after the routine inspection of a construction site discovered safety failings that endangered the lives of workers.

Health and Safety Executive (HSE) inspectors visited Stefano Di Piazza's construction site at Sun Street, Waltham Abbey, Essex, on 10 February 2011, as part of a targeted programme of construction site inspections and saw contractors working three metres above ground without measures in place to prevent them from falling.

A Prohibition Notice was served by HSE to stop all work immediately until safety measures were put in place.

Further enquires determined that Stefano Di Piazza of King Edward Road, Waltham Cross, Hertfordshire, was the client for the development.

Stefano Di Piazza pleaded guilty at Chelmsford Magistrates' Court to four breaches of the Construction (Design & Management) Regulations 2007 and was fined a total of £10,000 with £5,741 to pay in costs.

Mr Di Piazza admitted he failed to appoint a competent principal contractor; failed to take reasonable steps to ensure that work was carried out without risk to health and safety; did not appoint a CDM Co-ordinator and didn't notify HSE of the construction project to convert two buildings into nine apartments and two retail units.

The Principal Contractor was fined at a previous prosecution.

Speaking after the hearing, HSE Inspector David King said:

"Developers have a big influence on how work is done safely and they have legal duties as the construction client. They have to appoint the right people, provide information to the team and make sure there are suitable management arrangements and a health and safety plan in place.

"Mr Di Piazza blatantly disregarded the importance of a safe working site, leaving the workers at Sun Street in serious and unnecessary danger."

Information on health and safety for the construction sector is available on HSE's website at http://www.hse.gov.uk/construction/

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. Regulation 4(1) of the Construction (Design and Management Regulations) 2007 states: "No person on whom these Regulations place a duty shall appoint or engage a CDM co-ordinator, designer, principal contractor or contractor unless he has taken reasonable steps to ensure that the person to be appointed or engaged is competent."
3. Regulation 9(1) of the Construction (Design & Management) states: "Every client shall take reasonable steps to ensure that the arrangements made for managing the project (including the allocation of sufficient time and other resources) by persons with a duty under these Regulations (including the client himself) are suitable to ensure that the construction work can be carried out so far as is reasonably practicable without risk to the health and safety of any person."
4. Regulation 14(1) of the Construction (Design and Management) Regulations 1994 states: "Where a project is notifiable, the client shall appoint a person ("the CDM co-ordinator") to perform the duties specified in regulations 20 and 21 as soon as is practicable after initial design work or other preparation for construction work has begun.
5. Regulation 21(1) states: "The CDM co-ordinator shall as soon as is practicable after his appointment ensure that notice is given to the Executive containing such of the particulars specified in Schedule 1 as are available."

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Issued on behalf of the Health and Safety Executive by the Regional News Network