Two recent cases were reported in January 2022, dealing with serious breaches of health and safety by a corporate body as well as a private individual. These prosecutions by the HSE highlight the fact that the HSE will prosecute all serious corporate breaches, risking the safety of their staff, but also private individuals who carry out unlawful work, putting householders in peril.
A construction company, Peter Saunders Builders Ltd, has been fined after an employee died after falling from a mobile work tower.
Sean Harding was working on a mobile tower on the 15th of September 2017, installing a steel beam. The task involved using a lever to manoeuvre the beam. In doing so, he caught his jacket sleeve on the tower, lost his balance and fell over to the ground. He was admitted to hospital but died months later due to medical complications.
At the hearing, it was noted that the mobile tower had not been set up correctly for the task due to limited headroom and that a double guard rail should have been used (instead of a single rail) to prevent the fall. The HSE Inspector said, "Falls from height remain one of the most common causes of work-related fatalities... and the risks associated with working at height are well known. Those in control of work have a responsibility to select access equipment that is suitable for the task and the work environment and ensure it is safely used.
The company pleaded guilty to breaching Reg 8 of the Working at Height Regulations 2005 and was fined £16,000 with costs of £5,139.80.
Jordan L Hare, a private individual, has been fined after he repeatedly carried out gas installation work whilst falsely claiming to be Gas Safe registered. All gas installation work necessitates that the fitter be qualified and registered with Gas Safe Register, an HSE agency.
Cardiff Crown Court heard that between September 2016 and March 2018, Mr. Hare carried out gas works at four domestic properties but did not hold the necessary registration to carry out the works. He installed a gas boiler and a gas hob and carried out modifications to gas pipework – activities which required him to be registered with Gas Safe.
The works performed at all properties were rated as "immediately dangerous," "at risk," "not to current standards," or "building regulations non-compliant," putting residents and members of the public in grave danger due to the potential risk of a gas leak, fire, and explosion.
The HSE investigation concluded Mr. Hare’s actions were fraudulent and deliberate. He was trading under various names, and he falsely claimed to be Gas Safe registered, with the intention of deceiving vulnerable people to engage him to provide gas services that he was not qualified and registered to do.
Mr. Hare pleaded guilty to breaching four offences under Regulations 3(1), 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998 and Section 22 of the Health and Safety at Work Act 1974. He was given a custodial sentence of 10 months suspended for 18 months, ordered to carry out 200 hours of community unpaid work, and ordered to pay costs of £5,000 with £115 compensation.
At the hearing, the HSE Inspector said, "Jordan Hare undertook gas work which he knew he was not registered to do. Registered Gas Safe engineers must do all gas work to ensure the highest standards… to prevent injury and loss of life". Householders should check that the engine carrying out gas work in their home is registered. Homeowners can carry out checks to see if the tradesman is licenced at www.gassaferegister.co.uk.
These two cases clearly indicate that employers must take health and safety very seriously to safeguard the welfare and safety of their staff. And where serious injuries or fatalities occur, the HSE will prosecute. They also demonstrate that private individuals can also be pursued and are not outside the remit of the HSE. Unqualified and unlicenced tradesmen carrying out regulated activities put members of the public at risk of loss, damage, and injury.
While such cases are thankfully rare, it is important that companies and tradesmen obtain professional legal and health and safety advice. It is vital that they know what their statutory obligations are under health and safety legislation and the common law.
At Quest, we have a team of experienced, professional, and commercially focused advisors who can offer the initial advice to enable you to deal with the immediate matter. Where necessary, we also offer a competitive consultancy service.
Should you require advice, please don't hesitate to get in touch with our advice line for free at 0116 274 9193 and speak to an advisor to help you with your matters.
