Latest Health & Safety Prosecutions
Published on: 12th Apr 2016
These are the latest prosecutions outlined by the HSE which clearly demonstrate the potential outcomes that can result if business owners fail to maintain their responsibilities and legal obligations, and compliance with health and safety regulations.
Case 1: Worker falls down service shaft
A company in Derbyshire has been fined after a worker fell thirteen metres down a service riser shaft.
Leicester Magistrates’ Court heard how a 36-year-old worker, who was from Romania, was dismantling falsework (a form of temporary structure) in a building that was under construction at Fletcher Development, De Montfort University, Leicester.
An investigation into the incident by the Health and Safety Executive (HSE) found that there was an unsafe system of work and inadequate supervision of workers.
David Ashley Construction Limited, of Lydford Road, Alfreton, Derbyshire pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005, and was fined £20,000 and ordered to pay costs of £1,776.
Case 2: Roofer fined for safety failings
A roofer based in Berkshire has been fined after disturbing and removing asbestos without a licence.
Reading Magistrates’ Court heard Michael Wilkie was contracted by a householder to replace the covering of the flat roof of the garage adjoining their house, and subsequent remedial work. This included the installation of a drainpipe through the ceiling below.
The ceiling comprised of asbestos insulation boards (AIB) which Wilkie cut a hole in for the pipe. He left the debris that contained asbestos in a waste bag for the householder to dispose of.
The Health and Safety Executive (HSE) found that he had no experience or knowledge of working with asbestos containing materials and failed to take suitable measures to prevent exposure to asbestos fibres.
Michael Wilkie (trading as Royal County Roofing), of Ploughlands, Bracknell, Berkshire, pleaded guilty to breaching Regulations 5(1)(a), 11(1) and 16 of the Control of Asbestos Regulations 2012, and was fined £660 and ordered to pay costs of £1,023.
Case 3: Gas works left in dangerous state by plumber
An unregistered gas fitter has been sentenced for illegally installing a gas boiler and undertaking landlord’s gas safety checks at a tenanted property. The boiler he installed was later classed as dangerous.
Christian Winter, 35, trading as CJS Winter Plumbing & Heating Services of Ashburton, Devon installed the gas boiler at a property on Park Road, Kingskerswell. He then undertook landlord’s gas safety checks at the tenanted property despite him having no competencies in gaswork or being registered with Gas Safe Register for any gaswork.
Further he then deceived the landlord of the property by using a fictitious Gas Safe Register registration number on the landlord’s gas safety records he produced.
On investigation the Health and safety Executive (HSE) found Christian Winter had used fraudulent Gas Safe registered details to deceive the landlord. When the landlord was informed of the defects she challenged Christian Winter but he continued to lie to her by stating that he was a registered gas engineer.
Mr Winter, Westabrook, Ashburton, Devon pleaded guilty to breaching Regulation 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998 and Section 3(2) of the Health and Safety at Work etc Act 1974 and was given a suspended prison sentence of 12 months; ordered to undertake 200 hours unpaid work and to pay £3,327.80 costs.
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