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PROJECT MANAGER FINED OVER FAILURE TO MANAGE

Principal Contractor prosecuted alongside responsible manager

In House Design and Build Limited, a London-based construction company, and a project manager have been fined for “repeatedly failing to manage and control multiple risks”.

Reading Magistrates heard how concerns were raised by workers and members of the public which resulted in HSE inspectors carrying out a number of visits during 2015 to two projects where the company was the appointed CDM 2015 Principal Contractor. HSE identified a number of serious health and safety failings.

HSE investigators found that over a four-month period at the first site (despite several enforcement notices being served) the company failed to address the risks.

The enforcement notices served were for breaches including unsafe work at height, working in unstable deep excavations and inadequate arrangements for planning, managing and monitoring construction work.

Further similar concerns were found later in the in 2015 at the second site where very poor welfare arrangements were also discovered.

Planning, managing and monitoring are crucial

The company and a project manager were both prosecuted and pleaded guilty.

  • In House Design and Build Limited – of Royalty House, Dean Street, London, pleaded guilty to two breaches under Regulation 13 (1) of the Construction Design and Management Regulations 2015. The company was fined £100,000.
  • Neil Crow – of Woodgrange Avenue, London, who had been in charge of operations at both sites, pleaded guilty to two breaches under Regulation 13 (1) of the Construction Design and Management Regulations 2015, by virtue of Section 37 of the Health and Safety at Work Act 1974. Mr Crow was fined £15,000.

Full prosecution costs of £15,000 were also awarded.

Speaking after the hearing, HSE inspector Dominic Goacher said:

“Principal Contractors and their managers have a duty to ensure risks to workers are managed throughout the construction phase of projects.

This case serves as a reminder to those responsible of the importance of ensuring construction work is properly planned, managed and monitored so that serious risks are identified and eliminated or controlled.

It was only by good fortune that someone was not seriously injured or killed in this instance.

 

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