£52,000 fine for safety failings
A construction company has been fined following complaints by members of the public about breaches of health and safety legislation.
The Circumstances | Kangs Regulatory Team
Malik Contractors and Engineers Ltd (‘the company’) was the principal contractor on the development of a public house and twenty four flats in Corringham, Essex where three inspections were carried out by the Health and Safety Executive (‘HSE’).
The visits revealed numerous breaches including:
- Unsafe working conditions at certain height levels
- Dangerous electrical systems
- The lack of fire detection and firefighting equipment.
The Outcome | Kangs Magistrates’ Court Solicitors
- HSE issued four Prohibitions Notices and three Improvement Notices on the company
- The company pleaded guilty to an offence under regulation 13(1) of the Construction Design and Management Regulations 2015.
- Basildon Magistrates’ imposed fines totalling £52,000 and ordered payment of cost of £4,415
HSE Comment | Kangs Health and Safety at Work Solicitors
Following the hearing, HSE Inspector David King stated:
- This case highlights the importance of complying with enforcement action
- Duty holders have the responsibility to provide their workers with appropriate training and equipment so they can work safely
- It is essential those responsible for construction work understand they are also responsible for the health and safety of those on and around the construction site, and ensure suitable and sufficient arrangements are in place’.
The Relevant Law | Kangs Regulatory Law Advisors
The Health and Safety at Work Act 1974 is the primary piece of legislation covering occupational health and safety in the UK.
The Health and Safety Executive, with local authorities (and other enforcing authorities), is responsible for enforcing the Act.
Section 2 of the Act states:
‘It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.’
Section 3 of the Act states:
‘It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.’
How Can We Help? | Kangs Health and Safety Solicitors
As is clear from the case above, the Courts are not afraid to impose large fines in recognition of the seriousness of companies flouting health and safety law.
Our specialist lawyers are able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the health and safety executive 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 lawyers named below who will be happy to provide you with some initial advice and assistance.