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Construction company and director sentenced for multiple safety failings.

Written by Phoenix Health & Safety
1st February 2022

A case heard at Kilmarnock Sheriff Court was regarding three inspections conducted by the HSE, which took place at the construction site at Eglington Park in Irvine between October and December 2016.

The details of this case can be found here.

For students studying the Construction certificate, this case highlights the resulting multiple prohibitions and improvement notices that can be served for health and safety failings. In this case, these relate to unsafe scaffolding, unsafe electrics, inadequate welfare facilities, unsafe traffic management, side tidiness, and lack of general fire precautions. 

Also, what this case highlights are the duties required under CDM of the client and the principal contractor, whereby they failed to manage and monitor the construction phase adequately and did not take action to rectify the failure by complying with the enforcement notices. 

The director of the company was also acting as site manager, which made them directly involved in the failings. If you review this in light of the sentencing guidelines, then you will see that this would be an aggravating factor and would potentially make the fines a lot higher if the culpability is set at very high, which is a “deliberate breach or flagrant disregard for the law”.

When debating which law concerning the Site Manager, this specifically relates to Section 37(1) with regards to the offences being committed with his consent, and therefore negligence and the resulting punishment under this act was attributed. This clearly shows how the HSE are not afraid to take action on both companies and any senior people within the company who are directly involved in the creation or turning a blind eye to unacceptable risks.

Find out more about the NEBOSH Health and Safety Management for Construction Certificate which relates to this blog here.