Prohibition notice: failure to comply: D&S Building Solutions Ltd and director fined

Prohibition notices: failure to comply: £2000 fines

Health and Safety Executive v D&S Building Solutions Ltd and Daniel Schipor (2018) Westminster magistrates’ court, June 6

Statutory reference: ss. 22 and 37 of the Health and Safety at Work, etc., 1974 (HSWA).

A construction company and its director have been fined for failing to comply with prohibition notices.

The facts

• The company was served with two prohibition notices on site. Persons were at serious risk of fall and injury from the unprotected edges of an excavation and at immediate risk of injury from potential collapse of the unsupported excavation.

• The company and its director took no steps to comply with the prohibition notices which prohibited any work near the open edge of the excavation.

• It had not taken measures to prevent dislodgment of material and collapse of the excavation.

The decision

• D & S Building Solutions was fined £2000 plus £2000 costs under s.22 of HSWA.

• Daniel Schipor, the director of the company, was fined £2000 plus £2000 costs for a breach of s.37 of HSWA.