The warning follows the prosecution of JAS. Truscott & Son Ltd of Tunbridge Wells for breaching a prohibition notice, and failing to protect against falls into, and the potential collapse of, excavations at a project to develop a mews house in Belgravia, London on 2 and 3 June 2008.
The court heard that despite clear advice being given to the company, and a prohibition notice being issued to stop their work immediately, they continued to work in excavations approximately three metres deep in a sandy ballast ground, without proper supports to prevent the ground from collapsing or to stop people from falling into the pits.
JAS. Truscott & Son Ltd pleaded guilty at the City of London Magistrates’ Court on 18 August, to breaching Section 33(1)(g) of the Health and Safety at Work etc Act 1974, Regulation 31(1)(a) of the Construction (Design and Management) Regulations 2007 and Regulation 6(3) of the Work at Height Regulations 2005. The court imposed fines of £6,500, £1,000 and £1,000 respectively for the breaches. The court also ordered the company to pay costs of £9,526.29.
HSE Inspector Kevin Shorten said:
“Basement conversions are significant civil engineering projects. They are not akin to normal extension work. If insufficient methods are used to support underpin excavations, then people's lives can be put in jeopardy.
“That is why contractors must follow established engineering principles including the design and installation on site of adequate temporary works. In this case the sandy content of the soil made the excavation work particularly treacherous and there had already been a partial collapse in one of the pits.
“One cubic metre of soil weighs well over a tonne and can cause extremely serious or fatal injuries if it suddenly falls onto somebody in an enclosed pit”.
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Notes to Editors:
1) Section 33(1)(g) of the Health and Safety at Work etc Act 1974 states: It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal)
2) Regulation 31(1)(a) of the Construction (Design and Management) Regulations 2007 states: All practicable steps shall be taken, where necessary to prevent danger to any person, including, where necessary, the provision of supports or battering, to ensure that any excavation or part of an excavation does not collapse
3) Regulation 6(3) of the Work at Height Regulations 2005 states: Where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.