HSE Successful Prosecution

The Health and Safety Executive (HSE) has successfully prosecuted David Clark, a self-employed builder, from Chippenham.

The Health and Safety Executive (HSE) has successfully prosecuted David Clark, a self-employed builder, from Chippenham.

David Clark, from East Tytherton near Chippenham in Wiltshire, was found guilty at Chippenham Magistrates Courts on Monday (22 Jan 2007) of contravening the Working at Height regulations and was fined £2,000 with costs of £1,500.

Construction inspectors from the Bristol HSE office brought the case against Mr Clark after inspecting construction activities Hare Street Farm in Foxham, Chippenham, where Mr Clark and two men he had employed were erecting a farm building. Inspectors found that none of the safety measures required for working at height, such as netting and barriers, had been put in place.

HSE Principal Construction Inspector, Andrew Kingscott, explained the reasons for prosecuting in this non-injury case: "What we are aiming to do is be proactive and prevent injuries before they happen. The construction industry should be aware that where HSE Inspectors identify that standards on site fall well short of those required then, in addition to stopping the work, we could also bring prosecution proceedings.

"We are not prepared to wait for an injury to occur before taking action. This initiative of proactive, risk-led prosecutions means cases can be brought to court more quickly. I believe we will see more of this style of enforcement in the future.

"In this case, the risks identified were considerable. No steps had been taken, whatsoever, to prevent the three men who were constructing the roof from falling from it. Any fall from this height would have resulted in significant injury or even death. The work was stopped and steps were taken to ensure that it was not completed until suitable protection against the falls was installed. It was considered that risk of injury associated with the work, coupled with the shortfall in the level of control over the risk in this case, warranted prosecution."