Works on site created a public hazard
What happened?
Michael Simpson (S) was the director of Cheshire Oaks Fisheries Ltd. He had secured a grant of £72,000 for the purpose of developing a fishery. Grants of this size generally come with strings attached, and this was no exception. In this case, the Rural Payments Agency (RPA) was responsible for monitoring that any distributed funds were used correctly.
On visiting the site in 2015 staff from the RPA identified numerous uncontrolled risks, and as development sites often attract trespassers including children, they were especially worried about public safety. They found gates left open and inadequate fencing provision allowing access to excavated lakes and some deep water. In addition, heavy plant was not locked up and there were many other examples of poor standards.
The RPA alerted the HSE and inspectors followed up with their own visit on 14 July 2015, resulting in the issue of a number of enforcement notices.
Attempt to slide out of it?
In a suspiciously timed manoeuvre, soon after the HSE’s visit, the company changed its name from Cheshire Oaks Fisheries Ltd to Rural Development Programme Limited, with S continuing in his role as the operating director. This effectively put an end to any ongoing enforcement notices issued in the company’s name. In response, the HSE wrote requesting a re-visit, but its request was ignored and on arrival on site the inspectors were denied entry (S was now making full use of the gates he had installed some four years after the site opened).
Consequences
The HSE determined that it had sufficient information to bring a prosecution against S for failing to implement the necessary safety arrangements on site, putting workers and members of the public at risk. S pleaded guilty to breaching s.3Health and Safety at Work Act etc. 1974 ( HSWA ) by virtue of s.37 . He received a fine of £594 and was ordered to pay costs of £10,209.
What is s.37?
S.37 enables the HSE to prosecute directors and senior managers for offences committed by their company. For a successful prosecution the HSE must prove that the offence occurred due to the consent, connivance or neglect of the individual in the dock.
Note. If you’re in a senior role, be under no illusion that you can somehow pass all responsibility to the limited company you work for, or indeed avoid prosecution by changing the company’s name. As illustrated, if you motivate enforcement officers sufficiently they’ll come after you personally.
Tip. When organising construction work don’t try to muddle through as S did. Choose experienced firms to operate as principal contractor and principal designer at an early stage of the project. Not only is this legally required, these team members will help you to understand and meet your other health and safety responsibilities as client (see The next step ).
For a summary of a client’s responsibilities, visit http://tipsandadvice-healthandsafety.co.uk/download (HS 16.22.02).
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