Multiple safety failings bring ban and fine

31st January 2022

An Irvine-based construction company and its director have been sentenced for multiple safety failings on a house-building site.

Kilmarnock Sheriff Court heard how three inspections by the Health & Safety Executive (HSE) took place at the construction site at Eglington Park in Irvine between October and December 2016.

As a result of these inspections, multiple prohibition and improvement notices were served on Stable Homes Limited for health and safety failings including unsafe scaffolding, unsafe electrics, inadequate
welfare, unsafe traffic management, site tidiness and lack of general fire precautions.

The HSE investigation found that, the client and principal contractor, had failed to put an adequate plan in place to manage and monitor the construction phase of the project and this had led to significant risks
on site. It also failed to take adequate action to rectify the failings and comply with the enforcement notices.

The HSE investigation also found that director of the company, was acting as site manager and directly involved in the failings of the company.

The Irvine-based construction company pleaded guilty to seven charges under health and safety regulations and was fined a total of £35,332.

The director of the company, of the same address, pleaded guilty to six charges under Section 37(1) of the Health and Safety at Work etc. Act 1974 for the offenses by the company being committed with his
consent or attributable to his neglect. The director was sentenced to 166 hours community payback order and was disqualified from holding a directorship for two years.

After the hearing HM inspector Helen Diamond said: “Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those who fall below the standards required on construction sites. HSE will also take action against senior people in those companies for their role in the creation of unacceptable risks on sites.”

Source: The Construction Index