Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

DIRECTOR IN SERIOUS DERELICTION OF DUTY

Company and director prosecuted over danger without injury

Property development company Formaction Ltd and its director have been fined for putting the lives of workers at serious risk through unsafe roof work whilst constructing a new roof on an industrial unit in Cardiff in June 2013.

A concerned member of the public alerted HSE prompting an immediate inspection which revealed workmen on a fragile pitched roof at between 5m and 8m above ground without measures to stop people falling through the roof or from the open edges.

HSE found:

  • Unsafe workplace – absence of precautions e.g. safety nets, soft landing or other fall arrest systems;
  • Lack of access – safe access to and from the roof had not been provided;
  • Fragile materials – workers walking over the sloping fragile roof; and
  • Misuse of MEWP – climbing over the top of the safety rails on a cherry picker.

Suitable staging boards to spread the load over a fragile surface should have been in place, and guard rails set up around the open edges.

The court heard that Formaction Ltd and director Derek Bawn, who was one of the workers on site, had been found by HSE undertaking dangerous work at height on four occasions between them since 2007.

Defendants aware of dangers

Formaction Ltd of Aberbeeg, Gwent, pleaded guilty to breaching Regulations 6(3) and 9(2) of the Work at Height Regulations 2005. The company was fined a total of £3,000 and ordered to pay costs of £1,323.

Derek Bawn, of Newbridge, Gwent, pleaded guilty to breaching the same regulations by virtue of Section 37 of the Health and Safety at Work etc Act 1974. He was fined a total of 6,000 and ordered to pay costs of £1,323.

District Judge Bodfan Jenkins said:

“This is a serious case, even though there was no injury. This was a death waiting to happen and was a very serious dereliction of duty.”

Speaking after the hearing, HSE Inspector Liam Osborne said:

“Formaction Ltd and director Derek Bawn knew perfectly well that what they were doing was seriously unsafe and illegal, because of previous enforcement action by HSE and a warning of prosecution if they continued to work in this way. The workers were deliberately exposed to serious danger because of the serious neglect of safety precautions.

Carrying out roof work, especially on a fragile surface without anything to stop people falling through, or off, a roof is very dangerous and is an extreme risk to take.

The dangers of working at height are well-known in the roofing industry yet poor safety standards and lack of safeguards still exist among some contractors.

“This prosecution should serve as a reminder to anyone undertaking roof work, including senior managers and directors, to plan and carry out this work professionally, and safely.”

 

 

Latest Construction Health and Safety News

PRISON TERM FOR SOLE TRADER CONTRACTOR

Small contractor pays the price for failing to manage work at height hazards

Read the rest of this article »

Posted on 19th October 2017

WORKMAN FELL THROUGH ROOF OPENING

Waterproof membrane concealed conservatory roof hazard

Read the rest of this article »

Posted on 19th October 2017

HSE ENFORCEMENT WEEKLY UPDATE 18th OCT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 19th October 2017

DEATH AND POORLY MANAGED RISK FINED £3.8 MILLION

Unstable precast concrete panels toppled MEWP and crushed operator

Read the rest of this article »

Posted on 18th October 2017

DOING SAFETY DIFFERENTLY – THE MOVIE…

Reducing compliance bureaucracy and putting trusting in people

Read the rest of this article »

Posted on 13th October 2017

WORKMAN FELL FROM EDGE OF UNGUARDED OPENING

Firm fined £95,000 over failure to assess and protect workers at height

Read the rest of this article »

Posted on 13th October 2017

FITTERS FINGERS SEVERED BY UNGUARDED TABLE SAW

Compensation order for injured workman takes precedence over fine

Read the rest of this article »

Posted on 13th October 2017

HSE ENFORCEMENT WEEKLY UPDATE 11th OCT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 11th October 2017

ROOF WORKER FRACTURED BACK IN FRAGILE FALL

Fragile wood wool slabs failed to support weight of workman

Read the rest of this article »

Posted on 11th October 2017

PRODUCTS: ELIMINATING HEALTH RISKS BY DESIGN

Innovative product eliminates key hazards for CDM 2015 designers

Read the rest of this article »

Posted on 11th October 2017

DRIVER DIED WHEN CRUSHED BETWEEN VEHICLES

Firm failed to follow industry guidance on coupling and uncoupling

Read the rest of this article »

Posted on 10th October 2017

WORKER LOSES HANDS AND FEET IN POWER LINE STRIKE

Director handed prison term over unsafe scaffolding operation

Read the rest of this article »

Posted on 6th October 2017

INDUSTRY FORUM CONSIDERS DUMPER HAZARDS

CPA and CECA plan new guidance on Forward Tipping Dumpers

Read the rest of this article »

Posted on 6th October 2017

HSE ENFORCEMENT WEEKLY UPDATE 4th OCT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 5th October 2017

INCIDENT: UNDERGROUND CABLE STRIKE

Three treated for burns after power cable struck in London

Read the rest of this article »

Posted on 5th October 2017

COUNCIL FAILED TO IMPLEMENT STATED HAVS POLICY

Fined £150k over failure to control and monitor hand-arm vibration hazard

Read the rest of this article »

Posted on 5th October 2017

PROJECT MANAGER FINED OVER FAILURE TO MANAGE

Principal Contractor prosecuted alongside responsible manager

Read the rest of this article »

Posted on 3rd October 2017

HSE CONSTRUCTION BLITZ GOES LIVE ON HEALTH RISKS

hselogo1Second phase of campaign looks for compliance on dust management

Read the rest of this article »

Posted on 2nd October 2017

UPDATE OF ALL HSE ASBESTOS ESSENTIALS GUIDANCE

HSE publish fresh guidance for Non-Licensed work with asbestos

Read the rest of this article »

Posted on 27th September 2017

HSE FINALISES PRIORITIES ON HEALTH AND CDM

Clients and designers need to act on lung disease and other health risks

Read the rest of this article »

Posted on 27th September 2017

HSE ENFORCEMENT WEEKLY UPDATE 27th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 27th September 2017

SCAFFOLD INSPECTORS ISSUED FALSIFIED CERTIFICATES

Prosecution for two after workman fell from illegitimately signed off scaffold

Read the rest of this article »

Posted on 25th September 2017

REVERSING EXCAVATOR CRUSHED WORKMAN

Lack of management system to segregate pedestrians and vehicles

Read the rest of this article »

Posted on 21st September 2017

CLIENT FINED £2.5 MILLION AFTER CONTRACTOR DEATH

Fatal fall through roof leaves client responsible for massive fine

Read the rest of this article »

Posted on 21st September 2017

HSE ENFORCEMENT WEEKLY UPDATE 20th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 20th September 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access