New publications this month:

WELSH GOVERNMENT

Building Safety Act 2022 Handbook for Wales Design and Construction Phase

This document outlines changes to building control process during the first phase of reform under the Building Safety Act 2022 in Wales.

Suspended sentence for man who conducted unsafe work on his home

A man has been given a suspended sentence after he carried out unsafe work on an extension to his home in Manchester.

The man engaged operatives to help him build an extension to the property, which was in addition to replacing the roof on the existing semi-detached house.

The HSE served enforcement notices in relation to work being carried out from an unsafe scaffold at the property in August 2020. The scaffold was subsequently dismantled, and work put on hold.

However, in November 2021 the same inspector found that the man was in control of operatives and was instructing them to re-roof his property. The work was being conducted without any form of fixed scaffolding or other equally effective measures to prevent the risk of a fall from height from the unprotected two storey roof.

A further prohibition notice was issued to prevent the unsafe work, but the man continued to instruct, supervise and assist it. Work continued for several weeks and included work during darkness and in breach of the prohibition notice, continuing to put the lives of the workers at risk.

A fixed safe scaffold could and should have been erected around the perimeter of the roof.

Breaches

The man pleaded guilty to breaching Regulation 4(1) and Regulation 6(3) of the Work at Height Regulations 2005, and Section 33(1)(g) of the Health and Safety at Work Act 1974.

• Regulation 4(1) of the Work at Height Regulations 2005 requires employers to ensure work at height is properly planned, appropriately supervised and carried out in a manner which is so far as is reasonably practicable safe. Planning must include the selection of suitable work equipment in accordance with this legislation.
• Regulation 6(3) of the Work at Height Regulations 2005 requires 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.
• Section 33(1)(g) of the Health and Safety at Work Act 1974 makes it an offence to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice.

Penalty

The man was given a custodial sentence of 12 months, suspended for 18 months. During this time he must also complete 180 hours of unpaid work. The man was also ordered to pay £6,450 in costs.

Fines for firm following the death of an HGV driver

An engineering and groundworks contractor has been fined after an HGV driver was struck and killed by the mast of a piling rig at a house build site in Dumfries and Galloway.

On 21 January 2021, the HGV driver, who was employed by another company, visited the construction site with his lorry to collect and transfer the piling rig owned by Van Elle Limited.

Tragically, as the mast of the rig was being lowered in preparation for its transportation, it suddenly collapsed and struck the driver. Site workers and the emergency services raced to the scene to try to help him, but he sadly died from his injuries.

A Police Scotland and HSE investigation found that insufficient measures had been taken to maintain the piling rig in a safe condition prior to the incident. Specifically, the securing lug for one of the mast’s retaining pins was badly corroded and failed, allowing the pin to displace and causing the mast to topple.

HSE guidance document HSG144 concerns the maintenance and inspection of plant and vehicles on construction sites.

Breach

Van Elle Limited pleaded guilty to breaching Regulation 5 of the Provision and Use of Work Equipment Regulations 1998.

• Regulation 5 requires every employer to ensure work equipment in maintained in an efficient state, an efficient working order and good repair. Employers also required to ensure that maintenance logs for machinery (where these exist) are kept up to date.

Penalty

Van Elle Limited was fined £233,000.

Fines for livestock auctioneers after man killed by cow

A company has been fined after a man was killed by a cow that had escaped from a livestock market in South Wales.

On 19 November 2022, the cow was being unloaded into a pen at Whitland Livestock Market but managed to escape before heading towards Whitland, Carmarthenshire. The man had been crossing the junction at North Road and West Street when the cow attacked him. He suffered multiples injuries and was flown to the University Hospital of Wales where he died six days later.

A worker at J.J. Morris Limited was injured in an unsuccessful attempt to capture the cow, which later ran towards Whitland Rugby Club and a railway line before being captured and put down by Dyfed-Powys Police.

An HSE investigation found J.J. Morris Limited had failed to implement basic, physical control measures to prevent cattle from escaping. The company’s risk assessment was not suitable nor sufficient as it referenced control measures that were not present at the market.

Breaches

J.J. Morris Limited pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work Act 1974.

• Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.
• Section 3(1) requires employers to ensure, so far as is reasonably practicable, that persons who are not employees who may be affected are not exposed to risks to their health and safety.

Penalty

J. J. Morris Limited was fined £75,000 and ordered to pay £5,047.55 in costs.