Builder Lands 24 Week Custodial Sentence and £2k in Fees
Following an incident at a construction site a builder has been jailed for 24 weeks after failing to report it.
The original incident which occurred, took place in January 2019. A construction worker was clearing a site ready for a new house to be built.
The worker required an excavator to conduct the task, however he was not formally trained to carry out said task. He had also requested a 3-ton excavator and was only supplied a smaller 1.7-ton model, something which he was pressured to use.
Catastrophic Mistakes Were Made
This choice resulted in a catastrophic mistake. The excavator used tipped over whilst digging out the foundations and in doing so trapped the workers leg. Sadly for the worker his leg needed to be amputated.
This incident however, was not reported to the HSE within the 10 day window and the defendant had also not investigated the incident. What makes things worse is that the HSE could only start an investigation eight months later when the victim complained.
Crucial evidence relating to the cause of the incident was unobtainable by the time this came to light. The work was almost complete.
Hammer-Blow For The Victim
The defendant also had no employer’s insurance for the victim to claim against. Further to this the defendant during his 50 years in the construction industry hadn’t undertaken any health ad safety related training.
The builder pleaded guilty to a breach of Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Riddor) 2013. He received a 24-week custodial sentence and was ordered to pay costs of £2,033.
“The judge noted that the builder 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” – HSE Inspector.More News