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    CDM 2015 DUTYHOLDERS IGNORED HSE ADVICE

    Contractor, client and director convicted after dangerous site conditions

    A contractor, client and director have been convicted after conditions on a London building site were found to be dangerous.

    Southwark Crown Court heard that HSE inspectors visited the construction site on “numerous occasions” during 2015 whilst building work was taking place at the property.

    Inspectors found dangerous work at height, unshored excavations, and poor welfare facilities which resulted in numerous prohibition notices, improvement notices and notifications of contravention being served on the contractor and client.

    All parties failed in duty

    HSE investigators found that the contractor, Mr Bodnariu, failed to plan, manage and monitor the work on site. The client company WEL Estates Limited failed to make suitable arrangements for managing a project, and the director of WEL Estates Limited, Mr Yoel Lew, had allowed the poor conditions on site.

    • Mr Bodnariu – pleaded guilty to breaching regulation 15(2) of the Construction (Design and Management) Regulations 2015, and was sentenced to eight months imprisonment, suspended for 12 months, 250 hours of community service, and ordered to pay costs of £1,000.
    • WEL Estates Limited – was found guilty of breaching Regulations 4(1) of the Construction (Design and Management) Regulations 2015, and was fined £20,000 and ordered to pay costs of £5,000.
    • Mr Yoel Lew – was found guilty of breaching Section 37(1) of the Health & Safety at Work etc. Act 1974 and sentenced to 200 hours of Community Service.

    Speaking after the hearing HSE inspector Sarah Robinson said:

    “Dutyholders should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

     

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