If you are responsible for a construction site, do you have the correct facilities accessible to your employees and sub contractors?
A construction company and its director have been fined after they failed to provide suitable welfare facilities at a construction site in North London. The building firm was in charge of the site where the company was carrying out a full refurbishment of a two-storey flat into a converted house, including the erection of front and rear dormers.
A Health and Safety Executive (HSE) inspection of the site found the welfare facilities did not comply with the minimum requirements as set out in Schedule 2 of the Construction (Design and Management) Regulations 2015; the toilet provided was not flushable and was in a room without a door or window coverings. There was no sink, no hot water, no soap and no towels – cold water only was available from a pipe in the room next to the toilet. No rest area had been set up by the company either.
The company was then issued with an Improvement Notice by HSE requiring the firm to ensure suitable welfare facilities were available at the site. However, a second inspection by HSE found no sufficient improvements had been made as required by the Improvement Notice issued.
All contractors have a duty under the CDM regulation 15 that suitable welfare facilities are provided for their employees and sub-contractors, as follows: A contractor must ensure, so far as is reasonably practicable, that the requirements of Schedule 2 are complied with so far as they affect the contractor or any worker under that contractor’s control.
At Westminster Magistrates’ Court:
- Having pleaded guilty to breaching Section 33(1)(g) of the Health and Safety at Work etc. Act 1974, the company was fined £1334 and ordered to pay costs of £1748.
- Having pleaded guilty o breaching Section 33(1)(g) of the Health and Safety at Work etc. Act 1974 by virtue of Section 37(1) of the act, the director of the company was fined £416 and ordered to pay costs of £1622.07.
HSE inspector said: “Providing suitable and sufficient toilets is an absolute duty and there is no exception to them being provided or made available. The reality is that many of the smaller sites we inspect don’t have basic facilities at all. Inspectors will not hesitate to take appropriate enforcement action against employers who fail to comply with an Improvement Notice. Welfare is a fundamental and basic necessity for workers. It is also required by law.”
If you are unsure about what responsibilities you hold and would like further advice, please contact us on 01691 688723 or email info@mbo.ltd. MBO Safety Services offer a wide range of training and health and safety advice to support you with site management.