Health and Safety | Exposing Workers to Dangerous Work at Height
Building contractor prosecuted for breaches of Health and Safety
We highlight a recent case of a building contractor who has been prosecuted and fined for exposing its workers to dangerous work at height.
The Offence
An unannounced inspection by the Health and Safety Executive took place in spring 2015 when the Health and Safety Inspector found that edge protection on the scaffolding was absent or inadequate in several places.
A Prohibition Notice was issued and, had the company complied with its requirements that would have been an end to the matter.
However, the company failed to comply and when the Inspector returned, the site scaffolding was still inadequate with the result that the company was prosecuted for breaches of both the Work at Height Regulations 2005 and the Health and Safety at Work Act 1974.
The Outcome | Kangs Regulatory Team
Having pleaded guilty, the company was fined £6,600 and ordered to pay costs of £646.70.
The Relevant Law | Kangs Solicitors
The Work at Height Regulations 2005 applies to all employers and those who control work at height who must make sure work is planned, supervised and carried out by competent people.
Regulation 6(3) of the Work at Height Regulations 2005 states that:
‘where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury’
Employers do, however, have much more general legal duties to take reasonable care of themselves and others who may be affected by their actions.
How Can We Help? | 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.
Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258 171 | 020 7936 6396 | 0121 449 9888
John Veale
jveale@kangssolicitors.co.uk
07779 055907 | 0121 449 9888 | 020 7936 6396
Steven Micklewright
smicklewright@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
