Greater Manchester Magistrates’ Court was told how, on 23 June 2016, Toft Construction Limited were undertaking the refurbishment of a domestic property in Salford. A Health and Safety Executive inspector issued two prohibition notices (PNs) to the company when he found an unsupported, deep excavation in the front garden with insufficient controls to prevent members of the public accessing the hazard. The inspector also found that a steel beam was being lifted unsafely.
The investigation also found that:
The HSE investigation also found that Toft Construction Ltd did not properly plan the lifting operations or carry it out safely. The company failed to take suitable and sufficient measures to prevent falls into the excavation and to fence it off to prevent risks to the public.
Toft Construction Limited, of Three Acres Lane, Cheshire, pleaded guilty to breaching Sections 2(1), 3(1) and Section 33(1) (g) of the Health and Safety at Work etc. Act 1974. The company also pleaded guilty to breaching Regulations 15(11) and Regulation 2 of the Construction (Design and Management) Regulations 2015.
The company was fined £20,000 with £5,176.90 costs.
HSE inspector David Argument said after the hearing: “These risks could so easily have been avoided by simply carrying out correct control measures and safe working practices. Companies 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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Should this be Schedule 2 of the CDM Regs not Regulation 2 of the CDM regs 2015
You are correct Kevin
Just to confirm, this was copied direct from the HSE website so it is their mistake.
The HSE could help small contractors and the public, if they advertised on television what CDM regulations stand for. I act as CDM representative and when I ask is, for instance, is your project noticeable both client and contractor look at me Blank. The HSE should be more proactive. They bring in legislation but other than large companies with their own safety section, No one gets to hear about it.V