COI 284/W/08 23 May 2008

Construction company fined £18k after worker injured in unsafe excavation

The Health and Safety Executive is warning construction companies to manage the risks faced by their workers and contractors on building sites after a North Wales worker was seriously injured after falling into an unsafe excavation.

David Farrow received internal injuries and a broken pelvis in the incident, which occurred on 2nd May 2006 at a site in Rhostyllen, Wrexham, where the company were installing a septic tank system.

HSE inspector Debbie John said:

"Construction has a significant number of risks to health and safety which need to managed properly. There was a systematic failure by Winnington Construction Ltd to manage the risk on this site, which resulted in Mr Farrow falling into the excavation and receiving quite serious injuries." 

The prosecution comes at a time when HSE is running its "Shattered Lives” campaign aimed at reducing the number of slips, trips and falls across a range of industries, including construction.

Debbie John continued:  

"All employers have a responsibility to ensure that safe working practices are in place, because failure to do so could well cost them dearly in terms of lost working hours, and any resulting enforcement action."

Winnington Construction Ltd of Newcastle under Lyme, Staffordshire was fined £18,000 and ordered to pay costs of £12,000 at Mold Crown Court.  The company had earlier pleaded guilty to breaching S2 of the Health and Safety at Work Act etc 1974 at Wrexham Magistrates’ Court, which referred the case to Mold Crown Court for sentencing.

Notes to editors

1. Section 2(1) of the Health and Safety at Work etc Act 1974 (HSWA) states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."
2. Information about construction safety can be found at the HSE website at:  http://www.hse.gov.uk/construction/index.htm.  Information about HSE’s ‘Shattered Lives’ campaign is at http://www.hse.gov.uk/shatteredlives/index.htm
3. The maximum penalty in the higher court for a single breach of S2 of the HSWA is an unlimited fine.

Public enquiries:

Call HSE's InfoLine, Tel: 08701 545500, or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.

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HSE information and press releases can be accessed on the Internet: http://www.hse.gov.uk/

Issued on behalf of the HSE by COI NEWS and Wales