Personal Injury Solicitors

The Health and Safety Executive (HSE) has prosecuted a Hertfordshire-based contractor for serious safety failings across two sites – including failing to manage asbestos on site.

HSE received a complaint in March 2014 from a member of the public living close to the former Chesham Community Hospital site in Buckinghamshire, concerning activities taking place on the premises.

When HSE inspectors arrived at the site, they found a catalogue of failings – including the presence of asbestos-containing materials among building debris and demolition arrangements not recorded in writing – as well as witness accounts of dangerous practises on the site, including unsafe work at height and use of construction machinery, poor site security and a lack of welfare facilities.

HSE inspectors also concluded there was also a serious risk of injury from collapse of partially demolished buildings.

Enforcement action was taken immediately by way of Prohibition and Improvement Notices being served on both the contractor and client, to ensure ongoing risks were controlled.

In October 2015, the contractor’s client, Chesham Care Ltd, was prosecuted for failings under the Construction (Design & Management) Regulations 2007 (CDM) – and was and fined a total amount of £30,000.

Milton Keynes Magistrates’ Court was told that attempts were made by HSE to contact the contractor, without success.

However, in June 2015, an HSE inspector was alerted to unsafe working practices at a site in Stevenage, Hertfordshire.

On attending, the HSE inspector found the same contractor in control of workers unsafely dismantling parts of the building to recover recyclables, such as metal.

On this occasion, it was discovered that no risk assessment had been carried out regarding respiratory exposure to asbestos-containing materials. The client told HSE the contractor was working without their knowledge on the site and had alerted the police.

As well as immediate enforcement action being taken on site to control risks, a private investigator was subsequently used to track down the contractor, which had failed to respond to HSE.

Scot Ian Richardson trading as Aztec Demolition was acting as the contractor in control for both projects.

At Milton Keynes Magistrates’ Court, Richardson was found guilty of two breaches of the CDM Regulations 2007, one breach of The Control of Asbestos Regulations 2012 – and one breach of The Health and Safety at Work Act etc,1974.

Richardson was sentenced to a four-month suspended prison term and a 200-hour community service order. He was also ordered to pay costs of £1,200.

After the hearing, HSE inspector Rauf Ahmed said:

“Sole traders who control workers to demolish and dismantle structures must understand their legal obligations.

“This is a high-risk industry in which poor planning has no place – family members expect their loved ones to come home in one piece.

“Clients have a key role in safely directing construction projects – effective arrangements at the start can have an amplified positive impact down the various stages to completion, including making informed and competent appointments.”

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