Two firms prosecuted for dangerous building site

Two construction companies have been fined for "appalling" standards at a building site in the London Borough of Merton.

image The Health and Safety Executive (HSE) prosecuted principal contractor, Kubik Homes Ltd, and the subcontractor, Bellway Developments Ltd after visiting the site in Wimbledon on several occasions.

Kubik Homes Ltd had already been served with four Prohibition Notices, one of which was actually breached while HSE Inspectors were on site.

City of London Magistrates’ Court heard there had been no safe access to the first floor under construction at the St Mary’s Road site. Instead, there was a makeshift ‘staircase’ formed from a bag of sand and piles of blocks, leading to the roof of a hut.

The first floor was accessed from the hut roof via wooden planks, spanning the gap between them. There was no edge protection to prevent falls.

On a visit to the site, HSE inspectors found a wooden gangway built the day before to provide access to the first floor was inadequate. There was also a 2.5 metre-deep excavation with no precautions taken to prevent people falling into it or the sides of the excavation collapsing in on anyone working within it.

The work areas around the site were uneven, littered with obstructions and trip hazards. Building materials had been stacked excessively high and stored haphazardly. Welfare facilities on-site were also extremely poor. The toilet was filthy and had a leaking cold water supply.

HSE served three Prohibition Notices to Kubik Homes ordering all work on site to cease until health and safety standards had been improved. On returning to the site, HSE Inspectors found an attempt had been made to erect edge protection around the first floor, but it was inadequate. Representatives of neither company had sufficient training, experience or a recognised qualification in site management.

While inspectors were on site, two men were seen walking on the first floor in breach of one of the Prohibition Notices. It became clear that work was still continuing in an unsafe manner, so another Prohibition Notice was served. This ordered all work on the site to stop until competent site management was put in place.

Speaking after the hearing, HSE’s inspector Loraine Charles said:

"Although there was no incident, the potential danger to the workers was very high.

"Conditions on this site were simply appalling. This is a shocking example of bad management of a construction site and it is a miracle that no one was injured.

"Both these companies failed to understand the nature of their duties under health and safety law and failed to sufficiently improve conditions on the site despite repeated interventions by the HSE. We will not hesitate to prosecute companies that behave in this way."

Kubik Homes Ltd, of High Street, Wimbledon, pleaded guilty to breaching section 3(1) of the Health and Safety etc at Work Act 1974. The firm was fined £8,000 and ordered to pay costs of £2,426.50.

Bellway Developments Ltd, of Coniston Road, Bromley, Kent, also pleaded guilty to breaching section 3(1) of the Act 1974. It was fined £8,000 and ordered to pay costs of £2,384.50.

Satellite firm sentenced after fatal roof fall

Satellite TV installation firm Foxtel Ltd, has been prosecuted following the death of a worker who fell while carrying out work on a roof.

Engineer Noel Corbin, 29, from New Addington, Croydon, suffered fatal head injuries after falling 13.5 metres from a four-storey house onto a side patio in Belsize Park, London on 3 February 2008.

image The Old Bailey heard safety equipment found in Mr Corbin’s van was unsuitable for the type of work he was undertaking.

A Health and Safety Executive (HSE) investigation after the incident exposed a number of failings at Foxtel Ltd including failure to ensure work at height was properly planned, organised and monitored.

The Old Bailey heard Mr Corbin was working on a satellite TV dish on the property’s roof apex and had accessed the roof via a dormer window. Before his fall he was also seen working on another satellite dish located on a flat roof. Evidence suggests Mr Corbin fell from the flat roof itself or while walking across the sloping roof.

The court was told when Mr Corbin was first employed by Foxtel Ltd, references were not sourced from his previous employer, nor were any training certificates provided. Mr Corbin was also not accompanied on any initial visits so therefore no assessment could be made of his competence.

As a result, the HSE investigation concluded as soon as Mr Corbin stepped onto the roof, he was at high risk of slipping, tripping or falling. Most of the work on satellite dishes Mr Corbin undertook involved work at height on large properties with more than two storeys.

Foxtel Ltd, based in Wates Way, Brentwood, Essex, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974. Today, the firm is no longer trading and was shown to have no assets. The court fined the company £1.

Charles Linfoot, HSE inspector, said:

"Mr Corbin’s death has had a devastating effect on his family made all the more tragic by the incident was easily preventable. Owing to the foreseeable risk of falling and the lack of suitable access equipment, the work should have been cancelled.

"Foxtel should have carried out a full site-specific risk assessment, planning and organising the work to be executed in a safe manner. It is not acceptable to simply delegate health and safety duties to employees without adequate instruction, training, monitoring or supervision.

"I hope the conviction of Foxtel Ltd sends a clear message to other installation companies in London and elsewhere that where access to residential properties from height is required, companies are ultimately responsible for carrying out a full site-specific risk assessment."

Falls from height remain the most common cause of workplace fatality. In 2008/09 there were 35 fatalities, 4,654 major injuries and a further 7,065 injuries that caused the injured person to be off work for three days or more.

Councils “not actively monitoring” CCTV

Giant trade union the GMB has expressed concerns that councils right across the UK are running down the active monitoring of CCTV cameras in town centres and estates. This is to save money. They are doing so by reducing the numbers of disabled workers engaged in this work and numbers have already been made redundant. Workers are being asked to work longer shifts to cover the hours.

image Some councils like Hayle in Cornwall have already ceased to monitor the cameras. Newquay council also in Cornwall plan to stop monitoring these cameras by end of August. This is a false economy as the u-turn in estates in Lambeth this week shows as two days after the active monitoring of CCTV cameras near the heart of Brixton was stopped there was major looting in the area.

On Thursday of last week ( 4th August)  residents groups covering four estates near Brixton decided to stop paying Remploy to monitor cameras and the 8 disabled GMB members doing the job were sent home on gardening leave. There was looting in Brixton on Sunday 6th August. The GMB members were asked to return to work on Monday 7th August to resume  monitoring  of CCTV cameras on Angel Town, Loughborough and Hertford estates. Although residents face a weekly charge for this service the resumption of monitoring is for a temporary period.

Phil Davies GMB National Secretary for Remploy said “Remploy disabled workers have been made redundant as councils all across the UK cut back on resources used to monitor CCTV around the clock. The resources left are being spread thinner.

This is a false economy as the u-turn in estates in Lambeth this week shows. Two days after the active monitoring of CCTV cameras near heart of Brixton was stopped there was major looting in the area. The workers were back to work on Monday on a temporary basis.

CCTV is now an essential tool in preventing and combating crime and reducing anti social behaviour. The Tory Liberal Government promised that frontline services would not be cut but this is not the case as far as CCTV active monitoring is concerned. GMB want to see Government reversing these cuts. Surely it is better that disabled workers be employed protecting our communities than being made to live on welfare.”