Builder avoids immediate prison sentence after failing to protect workers
7th August 2024
A builder has been given a suspended prison sentence after he put the lives of workers at risk on a construction site in London.
David Beadle, trading as Beadle the Builders, failed to comply with a prohibition notice issued by the Health and Safety Executive (HSE) in relation to unsafe working at height at the site on Woodyates Road in South East London.
Falls from height remain the leading cause of death within the construction industry and HSE has published guidance about how these incidents can be avoided.
A proactive investigation by HSE found Beadle allowed workers under his control on at least three occasions to continue using a scaffold which was not properly constructed. It was a potentially dangerous structure at risk of collapse and in breach of the prohibition notice.
Sixty-three-year-old Beadle also failed to ensure that suitable and sufficient measures were in place to prevent workers falling a distance that would have caused personal injury. No edge protection had been installed to the side of the roof, the flat dormer roof, the front elevation of the roof, and safe access was not provided.
He was given a 26-week custodial sentence, suspended for 12 months and was told to complete 150 hours of unpaid work.
Beadle of Rochester Way, London, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulation 2005 and 33(1)(g) of the Health and Safety at Work etc. Act 1974. He was also ordered to pay £6,043 in costs at the hearing at Bexley Magistrates Court on 7 August 2024.
HSE Inspector Emma Bitz said “We will not hesitate to take appropriate enforcement action against those who fail to do all that they can to keep workers safe.
“The risks from working at height are well known, as are the control measures required to reduce those risks.
“Falls from height remain the largest cause of workplace deaths in the construction industry.”
This prosecution was brought by HSE enforcement lawyer Chloe Ward and supported by HSE paralegal officer Rebecca Forman.
Company fined after ‘loving’ grandad dies from fall
18th September 2024
A grandfather died after falling through a hole in his own bathroom that had been left by workers.
Kenneth Armitage landed on the kitchen floor below, in an incident his daughter Suzy said “should never have happened.”
The bathroom in Mr Armitage’s house on Whitestone Drive in Huntington, York had been getting converted into a wet room by the construction company Cooper and Westgate.
The company had removed the room’s floorboards as it accessed pipework, but left an unguarded hole in the floor on 8 February 2019.
The 81-year-old later fell through the hole and was found dead by his son-in-law the following evening on 9 February.
A Health and Safety Executive (HSE) investigation found Cooper and Westgate failed to adequately secure the hole as its employees were not properly trained. The company had also failed to undertake a suitable and sufficient risk assessment, nor a method statement for the work involved.
HSE guidance can be found at: Working at height: A brief guide (hse.gov.uk)
Kenneth’s daughter, Suzy, said: “Our dad, who was sadly taken away from us, was everything to us. He was the kindest person you could ever meet.
“He was a fantastic dad to me, my brother and a loving grandad to all our children.
“I can’t believe he has gone, I keep thinking it’s a horrible nightmare and I will wake up and he’ll be there. Our hearts were broken that day and may never heal. It should have never happened.
“We are all still struggling to come to terms with losing him.”
Cooper and Westgate Co. Ltd, of Navigation Court, Calder Park, Wakefield, West Yorkshire was found guilty of breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £150,000 and ordered to pay £50,000 in costs at Leeds Magistrates’ Court on 17 September 2024.
HM inspector of health and safety Yolande Burns-Sleightholme, of HSE, said: “Employers need to fully assess and control the risks from work at height, caused by creating holes in domestic properties and recognise the importance of securing them effectively. They should then pass this knowledge on to their employees through suitable training and guidance.
“This incident could so easily have been avoided had Cooper & Westgate properly assessed the risks, put in place safe working practices and provided the correct training to its employees.”
Company fined after worker died in excavation
28th August 2024
A company has been fined after a man died while working inside an excavation at a construction site in Glasgow.
Derek Caddie lost his life when part of the excavation wall collapsed on 25 November 2019.
This led to the 44-year-old being trapped in soil from the neck down before being rescued by the emergency services. He died from his injuries in hospital three days later on 28 November.
Graeme McMinn, a principal inspector at the Health and Safety Executive (HSE), said: “This was a tragic and wholly avoidable accident, caused by the failure of Carrig Construction Services Limited to put in place measures to control the risk of the sides of the excavation collapsing.
“HSE provides freely available guidance on effective controls for working in excavations on the HSE website.”
Mr Caddie had entered the excavation with a colleague to repair damaged and leaking pipework, when the incident occurred. The colleague was left uninjured.
Carrig Construction Services Limited had been appointed as a contractor at the site on Belhaven Terrace West Lane where new houses were being built. Mr Caddie was working under the company’s control at the time of the incident.
An investigation by HSE found the collapse was caused by a lack of support to the vertical walls of the excavation. Carrig Construction Services Limited, a company that specialises in groundworks and drainage works, failed to identify the risks from working in the excavation and did not ensure there were practicable steps in place to ensure workers were protected while inside the excavation.
On top of this, none of the workers under the control of Carrig Construction Services Limited had any formal training on working within excavations and were unaware of the risks involved.
HSE guidance can be found at: Excavations – Construction Safety topics – HSE
Carrig Construction Services Limited, of Hunters Way, Lochwinnoch, Argyll, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £75,000 at Glasgow Sheriff Court on 28 August 2024.
Construction firm fined as worker loses life and another injured
17th September 2024
A company has been sentenced after a 62-year-old worker fell 10 metres to the ground and died during the construction of a new university facility.
The Health and Safety Executive (HSE) investigated the fall and subsequently prosecuted Balfour Beatty, with the firm fined £285,000 on Monday 16 September.
Igor Malka and a second contractor, Edmund Vispulskis, had been in a scissor lift while installing cladding during the construction of a new engineering hall at the University of Birmingham on 7 January 2020.
The pair, from Lithuania, fell approximately 10 metres when their scissor lift was pushed over by a nearby crane.
This led to Mr Malka losing his life while Mr Vispulskis sustained injuries to his spine and broken ribs, before spending seven weeks in a neck brace. Mr Vispulskis also required pins to be inserted in his pelvis and thigh.
Balfour Beatty had been the principal contractor while the National Buried Infrastructure Facility was being built at the university.
The crane was being used to move hydraulic equipment that had been delivered by a lorry. The equipment was set to be installed at the facility.
The HSE investigation found the incident could have been prevented had Balfour Beatty implemented better controls and put in place better communication between contractors. There were contractors at the site that were moving the hydraulic units into place with the overhead travelling gantry crane, and another team who were installing internal cladding. Balfour Beatty, as principal contractor on site, had a duty to ensure communication and co-operation between these contractors. There was also no lift supervisor present at the time of the incident.
The University of Birmingham was not prosecuted by HSE.
HSE guidance can be found at Lifting Operations and Lifting Equipment Regulations (LOLER) (hse.gov.uk)
Balfour Beatty, of Churchill Place, Canary Wharf, London, pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998. The company was fined £285,000 and ordered to pay £21,768.88 in costs at Birmingham Crown Court on 16 September 2024.
HSE inspector Gareth Langston said: “This was a tragic incident that led to the death of a worker with another being seriously injured and still experiencing difficulties today as a result.
“Lifting operations must be properly controlled – they must be planned, with plans adhered to.”
This HSE prosecution was brought by HSE enforcement lawyer Andy Siddall and supported by HSE paralegal officer Helen Jacob.
