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    COURT IMPOSES LIGHT SENTENCE DESPITE HSE WARNINGS

    Housebuilder prosecuted for failing to fence off construction site

    A South Wales housebuilder has been given a two year conditional discharge for repeatedly ignoring warnings to fence off a potentially dangerous construction site.

    Caerphilly Magistrates’ Court heard (25 July) that Stuart Daniels (S&R Builders T/A) failed to fence off the site near Caerphilly, between 9 November 2012 and 9 January 2013 despite being advised to do so by HSE.

    HSE first inspected the site in October 2012 and found a risk because of open access and excavation work. Mr Daniel was given verbal advice to fence the site. A second inspection in November found even more extensive excavations with the site still unfenced. Mr Daniels received written guidance to restrict access.

    A visit in December revealed no change despite excavations now some 3.5 metres deep. A fourth inspection in January 2013 found some fencing but it was inadequate and the site was still easy to access.

    Clear legal requirement to adequately fence off construction sites

    Stuart Daniels, trading as S&R Builders, of Lawn Terrace, Crumlin, Caerphilly, was sentenced to a two year conditional discharge, ordered to pay £859.85 in costs and a victim surcharge of £15 after pleading guilty to a single breach of the Construction (Design & Management) Regulations 2007.

    After the hearing, HSE Inspector David Kirkpatrick said:

    “There is a clear legal requirement to adequately fence off construction sites that pose safety risks for inquisitive children, vulnerable people and others. This site posed a risk to the general public and Stuart Daniels was given advice to fence it off shortly after the first inspection, yet he chose to ignore that advice.

    Fatalities have occurred in the past when people have entered inadequately fenced construction sites. With the school holidays underway, this prosecution serves as a timely reminder to others to ensure they prevent such sites from becoming dangerous playgrounds for children.”

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    One Response to “COURT IMPOSES LIGHT SENTENCE DESPITE HSE WARNINGS”

    1. HSE ENFORCEMENT WEEKLY UPATE 2rd OCTOBER 2013 | PP Construction Safety News Desk Says:

      […] COURT IMPOSES LIGHT SENTENCE DESPITE HSE WARNINGS […]