Inadequate provision for welfare on construction sites leads to prosecution and fine

Outsource Safety LtdSafety newsInadequate provision for welfare on construction sites leads to prosecution and fine
May 14, 2013 Posted by Roger Hart

Welfare on construction sites has been an issue very close to the heart of HSE for a number of years and with good reason.  A worker on a construction site should be able to expect a reasonable standard of welfare provision.  When this comes to exposure to the substances used this becomes even more important and there is a tendency amongst staff to be dismissive of the requirements despite the nature of concrete being quite hazardous – burns from concrete can be severe and not felt at the time of exposure.

Inadequate provision for welfare on construction sites leads to prosecution and fineHSE

Despite this, a builder from Cornwall has been convicted of neglecting the welfare of his workers to such an extent that he did not even provide them basic facilities, such as water to drink or wash in.

David Lawrance, a partner for Swiftfix Reinforcement Specialists, failed to provide adequate washing facilities and rest areas at a construction site in Carbis Bay, West Cornwall where a new home was being built between May and July 2012.

An HSE inspector visited the site and found there was neither hot nor cold running water, nor even a basin in which to wash – even though the workers had been pouring concrete. There was no suitable water supply available to the workers, they had to make do with a hose running from a neighbouring property into a plastic container for drinking.

In addition the inspector also found that there was no adequate area for resting, drying clothes or eating. Although there was a small portable office with enough room for three chairs, there were eight workmen on site, plus the office had no electricity supply.

Following this an Improvement Notice was served requiring the builder to offer his workers better conditions, a follow-up HSE inspection revealed that nothing had changed.

David Lawrance, of Rosudgeon, near Penzance, pleaded guilty to breaching reg.13(7) of the Construction (Design and Management) Regulations 2007 by failing to provide suitable welfare facilities, such as sanitary conveniences, washing facilities, drinking water, changing rooms and lockers, and facilities for rest. He was given a two-year conditional discharge and ordered to pay costs of £2,141.00

HSE inspector Barry Trudgian commented:

“The need to provide running water for washing hands and arms is not a trivial matter on a building site.

“The workmen were pouring concrete and, when splashed on the skin, this can lead to dermatitis if it is not washed off. Apart from being an unpleasant condition, in some cases it can lead to the loss of use of fingers and hands.

“Site contractors and supervisors like David Lawrance, who are responsible for the work of employees or sub-contractors, have a legal duty to ensure that adequate facilities are in place for the welfare of the workforce from the very start to the completion of construction work.”

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