Dangerous site conditions lead to prosecution

The Health and Safety Executive (HSE) has successfully prosecuted a contractor, client and director after conditions at a building site were found to be dangerous.

Southwark Crown Court heard that HSE inspectors had visited the construction site on Gladesmore Road, London on numerous occasions in 2015 while building work was taking place at the property.

Poor health and safety conditions were found on site including dangerous work at height, unshored excavations, and poor welfare facilities. Numerous prohibition notices, improvement notices and notifications of contravention were served on the contractor and client throughout the period.

A subsequent HSE investigation found that the contractor, Mr Bodnariu, failed to plan, manage and monitor the work on site. The client company WEL Estates Limited failed to make suitable arrangements for managing a project, and the director of WEL Estates Limited, Mr Yoel Lew, had allowed the poor conditions on site.

Mr Bodnariu pleaded guilty to breaching regulation 15(2) of the Construction (Design and Management) Regulations 2015, and was sentenced to eight months imprisonment, suspended for 12 months, 250 hours of community service, and ordered to pay costs of £1,000.

WEL Estates Limited was found guilty of breaching Regulations 4(1) of the Construction (Design and Management) Regulations 2015, and was fined £20,000 and ordered to pay costs of £5,000.

Mr Yoel Lew was found guilty of breaching Section 37(1) of the Health & Safety at Work etc. Act 1974 and sentenced to 200 hours of Community Service.

Speaking after the hearing HSE inspector Sarah Robinson said: “Dutyholders should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

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