Fines for 'unsafe' Croydon construction company

Date:

17 May 2012

Release No:

LON/93/12

A Croydon-based construction company has been fined for continuing unsafe working practices at a site in Lewisham despite repeated warnings.

Unsafe working practices at the Anza Ltd site

Anza Ltd was prosecuted by the Health and Safety Executive (HSE) after inspectors found serious safety issues during two visits to a construction site on Honor Oak Road, Forest Hill in 2009.

Westminster Magistrates Court heard yesterday (16 May) that the firm received advice from HSE and was served with a Prohibition Notice about managing the risk of falls on 18 May 2009. Anza Ltd was also issued with an Improvement Notice on 27 May 2009 requiring welfare facilities to be provided on the site.

The site was visited again on 1 July 2009 by HSE Inspectors, who found that there were insufficient measures in place to prevent workers who were using stairs to access the lower level of the site from falls. A second Prohibition Notice was served for fall prevention.

The HSE investigation found that the advice given to Anza Ltd regarding its duty of care to site workers had also been ignored, and they had failed to comply with the requirements of the Improvement Notice served on the 27 May 2009.

After the hearing, HSE Inspector Abosede Ogunsekan said:

"This company had ignored previous warnings and enforcement notices from HSE, and continued to neglect their duty of care to their workers.

"Falls from height are the greatest cause of major injury and fatalities in the construction industry; and if companies do not take steps to prevent these, then HSE will be robust in its response.

"Even though there were no injuries in this instance, serious safety breaches were continued by this construction company which could have resulted in serious injuries".

Anza Ltd, of Wydehurst Road, Croydon, was found guilty in absentia of single breaches of the Health and Safety at Work etc Act 1974, the Work at Height Regulations 2005 and the Construction (Design and Management) Regulations 2007 for its failings - three breaches in total. The company, now in liquidation, was fined £15,000 and ordered to pay full costs of £6,752.

Further information and advice from HSE about working in the construction industry and working at height can be found online at www.hse.gov.uk/construction or www.hse.gov.uk/falls

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 21 of the Health and Safety at Work etc. Act 1974 states: "If an inspector is of the opinion that a person (a) is contravening one or more of the relevant statutory provisions; or (b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated, he may serve on him a notice (in this Part referred to as "an improvement notice") stating that he is of that opinion, specifying the provision or provisions as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period as may be specified in the notice.
3. Regulation 6(3) of the Work at Height Regulations 2005 states: "Where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury."
4. Regulation 13(7) of the Construction (Design and Management) Regulations 2007 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 requirements of Schedule 2 are complied with in respect of any person carrying out the construction work". Full details of Schedule 2 of the Construction (Design and Management) Regulations 2007 can be found at: http://www.legislation.gov.uk/uksi/2007/320/schedule/2/made

Press enquiries

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

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