A Bulgarian construction firm has been fined £500,000 after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park, Derby. The case is understood to be the first prosecution after a report from the public.
Derby Magistrates’ Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of a telehandler at the site in Markeaton Park, where a high ropes adventure course was being constructed by Bulgarian-based firm Walltopia.
The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with, unsafe work at height continued. They then reported it to the Health and Safety Executive (HSE).
HSE’s investigation at the site found work was taking place on a section of roof 11 metres off the ground, without the use of any means to prevent two workers falling from the open edges. In addition, these workers were accessing the roof by climbing from the basket of a cherry picker.
Walltopia of Bulgaria Boulevard, Letnitsa, Bulgaria, was fined £500,000 and ordered to pay costs of £8,013.25 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005.
After the case, HSE inspector Lee Greatorex said: “Using a pallet on a telehandler for planned work at height is an unacceptable means of access. It appears that the company failed to put in place control measures after being alerted about this.
“Walltopia failed to follow recognised industry standards during work at height and did not make effective changes to the control of their working methods following the matter being brought to its attention. Work at height should always be sufficiently planned and managed to protect workers from being exposed to extreme risks from falls from height. In this case someone could have suffered significant injuries or death.”
A spokesperson for HSE said: “We would always encourage members of the public to report unsafe practices and have made it easier for them to do so.”
Many Eastern European Subcontractors, employed by Developers, Private Landlords and Some Main Stream Contractors have in my personal opinion over the past few years not given Strict Attention to Health & Safety / Welfare as required by British Law + Regulations in UK.
Who do we hold responsible for these “Failures” ?
In my personal opinion, I would say British Government, Local Authorities, Construction Industries and Greedy Developers.
Kanti Patel C.Build E MCABE MCIOB FFB MCMI
I note Mr.Patel’s perception of where responsibility lies for the subject breaches of H & S legislation and make the following observations:
1. Necessarily, it is the British Government that enacts all (H & S) legislation;
2. All employers (irrespective of whether their home base is not in Britain) have an obligation to be aware of all legislation that affects construction operations in Britain, and which is designed to control, impact upon, operations and administration of the business it carries out,
3. As a corollary to (2) those employers have an obligation to implement systems that ensure such legislation is complied with,
4. Those employers also owe a duty to their subcontractors / subcontractors’ employees to ensure compliance with matters that affect health and safety (which may extend beyond that which is covered by legislation),
5. It is unlikely that central or local government or industry bodies can have a liability under or arising out of breaches of H & S legislation which lays duties upon employers,
6. There may be circumstances where a developer could attract a duty in health and safety in addition to the legislative duties upon employers of construction workers, but normally this would be unlikely.
FOOTNOTE: The level of the fine in this case is a clear indication of the punitive nature of fines now applied for such breaches (irrespective of whether any physical injury has occurred) of H & S legislation.
M.Hawkyard B.Sc.(Hons.)., FRICS., FCIOB., FCIArb..