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Contractor, client and director handed penalties following safety breaches

19 July 2018

Southwark Crown Court was recently the scene of a case following an investigation of a WEL Estates construction site from 2015.

An investigation conducted by the Health and Safety Executive (HSE) revealed the site, located on Gladesmore Road, London, was too dangerous to allow work to continue.

The case provides a timely reminder of the responsibilities of site management for the FM sector, following the recent announcement of increasing numbers of deaths in the workplace, particularly from working at height incidents.

Issues identified on the Gladesmore Road site included poor health and safety conditions for working at height, unshored excavations and poor welfare facilities, according to pbctoday.

As a result of the failings, a number of warnings and notifications were served on both the contract, identified as Mr Bodnariu, and the client.

The court was told that Mr Bodnariu had failed to plan, manage and monitor the site and that WEL Estates had failed to make appropriate arrangements to manage the project.

The company's director, Yoel Lew, was also found to have allowed poor working conditions on the site.

Pleading guilty to breaching regulation 15(2) of the Construction (Design and Management) (CDM) Regulations 2015, Mr Bodnariu received a prison sentence of eight months, suspended for 12 months.

He was also ordered to complete 250 hours of community service and pay costs of £1,000.

WEL Estates was found guilty of breaching regulation 4(1) of the CDM Regulations 2015, receiving a fine of £20,000 and costs of £5,000.

Mr Yew was ordered to complete 200 hours of community service after he was found guilty of breaching Section 37(1) of the Health & Safety At Wori, etc, Act 1971.

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