Legal News
Building contractor prosecuted for putting workers at risk during unsupported excavations (19 November 2015)
Date: 19/11/2015
The Health and Safety Executive (HSE) has prosecuted a Manchester building contractor, after unsafe excavations at a care home site put workers and members of the public at risk.
Brierstone Limited was issued with an immediate Prohibition Notice (PN) by an inspector from the HSE, stopping work being carried out within five meters of the excavations.
HSE had visited the site adjacent to 3 Barke Street, Littleborough on the 9 September 2014, following a concern raised by a member of the public regarding unsupported excavations.
The HSE investigation found two large unsupported excavations on either side of the site – one adjacent to the car park of a public house and another next to domestic premises.
Operatives were seen working in the direct vicinity of the unsupported faces, which were in excess of four metres deep.
Small piles of debris at the bottom of the excavations suggested there had already been some movement.
HSE found that Brierstone Ltd had failed to take steps to ensure that the excavations were adequately supported or battered back, in order to prevent collapse and possible injury to the site workers.
On Friday, 13 November at Trafford Magistrates’ Court, Brierstone Ltd –
of Sterling house, Middleton Road, Chadderton in Manchester – was fined £2,000 and ordered to pay costs of £1,190.97, after pleading guilty to a breach of Regulation 31(1) of the Construction (Design and Management) Regulations 2007.
Speaking after the hearing, HSE Inspector Laura Moran said:
“Before starting ground works, contractors must ensure that the risks associated with the creation of excavations have been properly assessed, that a temporary works engineer has been appointed to design a suitable means of supporting any excavations – and the controls identified are implemented in order to prevent collapse.
“Putting workers lives at risk will not be tolerated and HSE will take action even where there is no injury.”
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