• Robert Spicer

Poor health and safety conditions on construction site: contractor, client and director sentenced

Contractor, client and director sentenced for dangerous building site

Health and Safety Executive v Bodnariu, WEL Estates Ltd and Lew (2018) Southwark Crown Court, July 17

Statutory reference: s.37 of the Health and Safety at Work, etc., Act 1974 (HSWA) and regulations 4 and 15 of the Construction (Design and Management) Regulations 2015 (CDM)

Two individuals and a company have been sentenced for poor health and safety conditions on a construction site.

The facts

  • HSE inspectors visited a construction site in London in 2015. They found poor health and safety conditions including dangerous work at height, unshored excavations and poor welfare facilities.

  • A number of prohibition notices, improvement notices and notices of contravention were served on the contractor and the client.

  • Bodnariu, the contractor, failed to plan, manage and monitor the work. WEL Estates Ltd, the client company, failed to make suitable arrangements for the management of the project and Yeol Lew, director of the company, had allowed poor conditions on site.

The decision

  • Bodarniu was sentenced to eight months suspended imprisonment, 250 hours community service and £1000 costs under regulation 15 of CDM.

  • WEL Estates Ltd was fined £20,000 plus £5000 costs under regulation 4 of CDM.

  • Lew was sentenced to 200 hours community service for a breach of s.37 of HSWA.

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