Following an investigation by the Health and Safety Executive (HSE), a builder based in New Malden, has been imprisoned for 24 weeks for failing to report a serious incident at a site where he was in charge.
The worker was clearing a site with an excavator, when it tipped and trapped his leg. Unfortunately, the injury resulted in a necessary amputation. The worker did not receive any formal training on the use of the equipment and also requested a 3-ton model for the job, but was only supplied with a 1.7 ton excavator.
An incident must be reported to the HSE within ten days, but no investigation or report took place. Eight months passed before the HSE started the investigation and so evidence had been compromised.
The investigation also found that there was no health and safety related documentation and there was no employer’s insurance cover to claim against. The builder in charge had also not attended any official Health & Safety Training.
He pleaded guilty of breaching Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 and received a 24-week custodial sentence. He was also made to pay costs of £2,033.
HSE inspector Andrew Verrall-Withers said: “This case re-enforces how important it is that incidents are reported so they can be investigated and improvements made to prevent serious incidents in future. The judge noted Mr Adams had not reported the incident even when prompted to by a solicitor, and that despite his construction experience he had failed to take any interest in understanding his legal duties nor invest in health and safety.”
This case highlights the need to ensure that you have the relevant Health and Safety documentation available for employees. You should also have and be familiar with Accident Reporting procedures.
The case also highlighted the need for colleagues to attend regular Health and Safety Training as required in their position. If you need further help with Health and Safety documentation, Audits, Training or Accident Reporting, please get in touch to speak to one of our Health and Safety specialists.
