Recently, In House Design and Build Limited (‘the company’) was fined £100,000 at Reading Magistrates’ Court after pleading guilty to two breaches under Regulation 13(1) of the Construction Design and Management Regulations 2015 (‘the Regulations’).
The Circumstances | Kangs National Regulatory Solicitors
A number of visits were made by Health and Safety Executive (HSE) inspectors to two sites at which the company was principal contractor, following concerns raised by workers and the general public, and discovered serious health and safety failings.
Enforcement Notices were served relating to:
- unsafe work at height
- unstable deep excavations and
- inadequate planning, managing and monitoring,
but the company failed to address the risks adequately.
Project manager Neil Crow also pleaded guilty to two breaches of the Regulations and was fined £15,000 and costs of £15,000 were also imposed.
Dominic Goacher, inspector for HSE 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’.
Enforcement of the Law | Kangs Regulatory Crime Defence Team
It is clear that Health and Safety is a vital part of any business and courts will not and do not hesitate in sentencing corporate bodies/management and individuals when there are clear breaches of the Regulations.
Health and Safety covers a vast number of areas and affects business from sole traders all the way up to multi-national companies. This is a very complex area of law and often what you may perceive to be a minor breach may result in high financial penalties and in some cases imprisonment.
It is therefore important that if you or your company are being investigated for Health and Safety breaches that you seek expert legal advice as soon as possible.
How Can We Help? | Kangs Health & Safety Solicitors
Our specialist lawyers are able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the HSE through to enforcement, interview under caution and, ultimately, criminal prosecution.
Who Can I Contact For Help? | Kangs Solicitors
Please feel free to contact our team through any of the following who will be happy to provide you with some initial advice and assistance.