Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    HISTORY OF ENFORCEMENT ENDS IN CROWN COURT

    Blasé attitude towards the well-being of construction workers

    Five separate parties have been sentenced for allowing unsafe work practices and poor welfare standards at a construction site in south London.

    HSE identified a catalogue of issues at former church land in October 2012 after receiving complaints from a neighbouring school and a member of the public.

    Four flats and four homes were being built at the site by Unicorn Services Limited operated by director Yi Long Chen and principal shareholder Mou Qiang Chen, on behalf of Chalice Homes Limited, run by sole director Steven Mooney.

    All five appeared at Southwark Crown Court (9 February) after admitting breaching safety legislation and placing workers at unnecessary risk from injury or illness.

    The court heard that failings at the site included:

    • Mobile plant – excavator and dumper poorly maintained and no-one trained or qualified to use;
    • Traffic management – no steps to segregate people from vehicles in proximity to a junior school;
    • Falls from height – storage area at height with risk of items falling or persons falling from the area;
    • Communication – site manager unqualified and unable to communicate with visitors or delivery drivers and provide any necessary safety briefings;
    • Welfare – no hot water, no wash area or washing up facilities, and no heating; and
    • Systems of work – no safety records or method statements for any work activity.

    The court was told that the Chens and Mr Mooney were well known to HSE after serious safety concerns were also noted at another construction site under their control.

    In September 2011 HSE served eight Prohibition Notices to stop dangerous work at a site in nearby Sylvan Hill. It resulted in Unicorn Services being prosecuted and Mr Mooney, then the director of another standalone company set up for the development in question, receiving a written warning.

    Acknowledged wrongdoing at the last possible moment

    HSE told the court that despite this intervention, the poor safety and welfare standards at Chevening Road proved little had changed, and that it was indicative of a blasé attitude towards the well-being of workers.

    • Mou Qiang Chen, of Thornton Heath was fined a total of £2,000 and ordered to pay £5,000 in costs after pleading guilty to two breaches of Section 37 of the Health and Safety at Work etc Act (HSWA) 1974.
    • Yi Long Chen, of Mitcham was fined £1,000 after pleading to a single Section 37 breach.
    • Unicorn Services Limited, was fined a total of £9,000 for two breaches of the Construction (Design and Management) Regulations 2007 (CDM Regs) and a single HSWA breach.
    • Steven Mooney, of Croydon was fined £11,000 with £5,000 after pleading guilty to the same HSWA breaches as Mr Mou Qiang Chen.
    • Chalice Homes, no longer trading, was fined a nominal £200 for two further CDM Regs breaches.

    All five parties accepted their respective charges on the first day of a trial last October after initially pleading not guilty when the case was first heard by Westminster Magistrates.

    After sentencing HSE Inspector Andrew Verrall-Withers commented:

    “Although nobody was harmed at the development site in question, the risks were clear – as evidenced by the fact that both the neighbouring school and a member of the public independently contacted HSE with their concerns.

    Given the long history of previous HSE enforcement and advice against the respective parties, the failure to protect workers, as well as others in the vicinity, was totally unacceptable.

    It is extremely disappointing that the defendants made the decision to plead not guilty, elect for a Crown Court trial and then cause numerous delays during the pre-trial procedures. The HSE case and weight of evidence was clear from the outset, and the attitude of only acknowledging any wrongdoing at the last possible moment – in this instance the first day of the trial – is telling.”

    Latest Construction Health and Safety News

    HSE ENFORCEMENT WEEKLY UPDATE 17th OCT 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 18th October 2018

    YOUNG WORKER FELL FROM PETROL STATION CANOPY

    Steel fabricator after young construction worker falls on first day at work

    Read the rest of this article »

    Posted on 18th October 2018

    FIRM FINED OVER FAILURE AT ASSESS VIBRATION RISK

    Vibration regulations not acted upon until seven years in operation

    Read the rest of this article »

    Posted on 18th October 2018

    FAILURE TO ISOLATE LEAVES WORKMAN PARALYSED

    Conveyor guards removed before power source isolated

    Read the rest of this article »

    Posted on 16th October 2018

    TRADING STANDARDS AND HSE ACT IN CONCERT

    Director given prison term over fraud and health and safety breaches

    Read the rest of this article »

    Posted on 15th October 2018

    BUILDER ERROR CAUSED FALL OF RESIDENT

    Director prosecuted over refurb project danger to others

    Read the rest of this article »

    Posted on 12th October 2018

    FORMER HSE BOSS CONDEMNS VALUE ENGINEERING

    Resident and public safety must match workforce safety progress

    Read the rest of this article »

    Posted on 12th October 2018

    RETAILER FINED AFTER FAN AMPUTATES FINGERS

    Maintenance engineer injured during roof fan repair works

    Read the rest of this article »

    Posted on 12th October 2018

    POOR PLANT ISOLATION CAUSED CONVEYOR DANGER

    Arm of fitter trapped between conveyor drum and belt

    Read the rest of this article »

    Posted on 11th October 2018

    BUILDING OWNER FAILED TO CHECK FOR ASBESTOS

    Prison sentence for businessman after previous HSE enforcement

    Read the rest of this article »

    Posted on 11th October 2018

    YOUNG WORKER LOSES FINGERS IN SAWING INCIDENT

    Provision of training and information could not be proved

    Read the rest of this article »

    Posted on 11th October 2018

    MD PROSECUTED ALONGSIDE ERRANT COMPANY

    Director held personally responsible for poor site conditions

    Read the rest of this article »

    Posted on 1st October 2018

    ASBESTOS REMOVAL STARTED BEFORE R & D SURVEY

    Asbestos insulation board found outside building being refurbished

    Read the rest of this article »

    Posted on 27th September 2018

    INEFFECTIVELY BRAKED SAW CAUSED AMPUTATIONS

    Retro-fitting of precautions may be required on older machines

    Read the rest of this article »

    Posted on 27th September 2018

    FALL THROUGH FRAGILE CEILING TILES

    Failure to implemented control measures for working near fragile surfaces

    Read the rest of this article »

    Posted on 27th September 2018

    HSE SEEKS CONSTRUCTION ‘DUST BUSTER’ PARTNERS

    Regulator uses social media to raise dust dangers and using right controls

    Read the rest of this article »

    Posted on 24th September 2018

    MAJOR HOMES BUSINESS EXPOSED PUBLIC TO RISK

    Residential property refurb project created carbon monoxide danger

    Read the rest of this article »

    Posted on 24th September 2018

    HSE CONSTRUCTION DUST CONTROL ‘BLITZ’ STARTS

    Regulator inspections will check health taken as seriously as safety

    Read the rest of this article »

    Posted on 20th September 2018

    FLOOR CONSTRUCTION SYSTEM OF WORK UNSAFE

    Welder fell 3m from mezzanine area through purlin openings

    Read the rest of this article »

    Posted on 20th September 2018

    WORKER SUFFERS FATAL BURNS IN OXYGEN RICH AREA

    Sparks from angle grinder ignited clothing of workman in confined space

    Read the rest of this article »

    Posted on 19th September 2018

    RIBA PUBLISH DRAFT POST GRENFELL FIRE SAFETY PLAN

    Architects institute consults on ‘golden thread of fire safety information’

    Read the rest of this article »

    Posted on 19th September 2018

    MAJOR UK CONTRACTORS HIT BY MAJOR FINES

    Firms ordered to pay over £3m after foot trapped in rotating ‘screw’

    Read the rest of this article »

    Posted on 19th September 2018

    DRIVER DIED TRAPPED BETWEEN TRAILER AND VEHICLE

    Firm fined £1.5 million over failure to assess coupling operations

    Read the rest of this article »

    Posted on 14th September 2018

    ACTUAL SYSTEM OF WORK WAS OPPOSITE OF RAMS

    Workman fell 4m through fragile asbestos roof sheet

    Read the rest of this article »

    Posted on 13th September 2018

    CDM PRINCIPAL DESIGNER FUNCTION MISUNDERSTOOD?

    Consultants claim CDM 2015 design risk management has ‘gone backwards’

    Read the rest of this article »

    Posted on 8th September 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic