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Covid-19 – A Time for Reflection and Action
Whilst current government guidelines are allowing the construction industry to continue operating (as well as they can with social distancing), many firms have taken the decision to cease work to assist in the suppression of the global Covid-19 pandemic.
With the “stay at home” measures by the government likely to be in place for some weeks to come, it is an opportunity for Owners and Directors of construction companies who are not furloughed (including those who undertake sub-contracted works) to take stock and review their position. Included should be a thorough review of all health and safety policies and procedures that are currently in place.
It is likely that once the strict measures imposed by government are lifted, construction firms may be under significant pressure to complete projects as a matter of urgency. In completing such projects businesses should continue to have the health and safety of those working for them at the forefront of their minds. Should businesses fail to do so, in severe cases they may face scrutiny from the HSE. In some circumstances, such enforcement action may include action against company directors, in their personal capacity, which if convicted will result in a criminal conviction.
An example of the HSE taking action against an individual was most recently seen in February this year, where the former director of a construction company received a suspended prison sentence following a successful prosecution by the HSE. The conviction for the former director was following a failure to comply with Prohibition Notices and for carrying out unsafe work at height during roofing work on a new build property.
The director, when appearing in court, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 and two counts of Section 22 of the Health and Safety at Work etc. Act 1974. The director was sentenced to eight months imprisonment suspended for two years, 200 hours unpaid work in the community and ordered to pay costs of £5,000.
After the hearing the HSE inspector involved in the case commented that: “These risks could so easily have been avoided by simply having suitable scaffolding in place put up by a competent scaffolding contractor. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards and that failure to comply with Prohibition or Improvement Notices is likely to result in prosecution.” [Emphasis added]
What is quite clear from this case, is that the HSE will not hesitate to take enforcement action when construction companies fail to adhere to the legislation that is in place to protect people when working on construction sites.
With the above in mind, a thorough review of policies and procedures is highly recommended for all businesses, irrespective of their size, to ensure compliance health and safety legislation.
If you are concerned or unsure about your business needs to ensure compliance, please do not hesitate to contact David Jeffery via email at info@mansyssolutions.co.uk or telephone 07584 577 858 for expert guidance and discussion.
David Jeffery CMIOSH, CMGR FCMI, CMaPS
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