Pair forced to visit site in Staffordshire with police officers after threats of violence

A builder who threatened HSE inspectors and told them his name was James Bond has been ordered to pay more than £10,000.

David Robert Lane, 59, was the site manager of an extensive cottage refurbishment in Staffordshire when unsafe work caught the attention of two inspectors from the Health and Safety Executive (HSE) last year.

The pair had been carrying out routine inspections in the Rugeley area on 11 February when they saw two people on the site accessing a roof from the bucket of an excavator.

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Inspectors took this photo of the unsafe working at height work taking place

There were around 10 workers on the job and when the inspectors approached, Lane, who would later be identified as the site manager, came over to intervene.

He refused to identify himself, except as James Bond, and rebuffed their attempts to inspect the site, the HSE said.

He went on to tell the inspectors he was in fact the property owner, that the men on site were unpaid friends and relatives and that they had no legal right to inspect. He followed that up with threats of violence, at which point the inspectors withdrew.

The two inspectors returned to the site a week later, accompanied by officers from Staffordshire Police.

According to the HSE, Lane greeted them with a shout of “It’s PC Plod!” while still refusing to identify himself, again telling inspectors they had no right to inspect and to leave the site.

After making several enquiries, the inspectors were able to identify Lane as the site manager which resulted in him being served with enforcement action.

After being told he was to be prosecuted for the offence of obstruction, under two counts of section 33(1)(h) of the Health and Safety at Work Act 1974, he responded with three expletive laden emails and said “I won’t jump through your hoops”.

Lane, of Rugeley, Staffordshire, failed to attend Birmingham Magistrates Court on two occasions and on the latter was found guilty after being tried in his absence on 9 January. He was fined £3,000, ordered to pay full costs of £6,450 and must pay a victim surcharge of £1,200.

HSE defines work-related violence as ‘any incident in which a person is abused, threatened or assaulted in circumstances relating to their work’. This can include verbal abuse or threats, including face to face, online and via telephone and physical attacks.

Speaking after the hearing, HSE inspector Gareth Langston said: “HSE inspectors have an important job to do, in safeguarding the health, safety and welfare of people at work. This includes investigating incidents and securing justice for innocent workers and the families that are tragically left behind.

“HSE inspectors have an important job to do, in safeguarding the health, safety and welfare of people at work.

“We accept that not all employers will be pleased to see us, but the vast majority are professional and accept us with good grace.

“HSE will not tolerate the obstruction of its inspectors, and may prosecute offenders in rare cases such as this, where this is necessary.”