Crest Nicholson was cautioned about the unsafe excavations and lack of fences on one development. the firm ignored the advice, So the HSE prosecuted

Crest Nicholson (South East) was fined nearly £50,000 this summer after a court heard how it failed to comply with two improvement notices and carried out excavation work in an unsafe manner.

The prosecution followed a routine inspection by the Health and Safety Executive (HSE) of a housing development in Greenhithe, Kent, where the company was principal contractor between November 2002 and 6 August 2003.

The court heard that during the visit, HSE inspectors discovered a number of potential risks to workers’ (and to the general public’s) health and safety. In particular, the court heard that inspectors found that the walls of a large excavation were not adequately supported, such as by sufficiently battering the sides to eliminate the potential risk of it collapsing onto people working inside the excavation.

The company also failed to ensure that the edges of the excavation were protected with barriers and guard rails to reduce the danger of pedestrians or vehicles falling into it.

Further failings

Although part of the housing development was completed and occupied, inspectors also found that Crest Nicholson (South East) had failed to put up a secure perimeter fence to prevent members of the public, including children, from entering areas that were still under construction.

The court also heard that the company had failed to carry out an adequate risk assessment covering the separation of pedestrians from areas where work vehicles were operating.

The managing director in overall charge is no longer
with the company

The HSE served two improvement notices ordering the company to prevent unauthorised access to areas where work was being carried out and to assess on-site traffic management.

However, although HSE inspectors made a number of visits to the site and repeatedly warned the company, it was only in August 2003 that the company finally made the improvements in these areas.

As a result, the HSE decided to prosecute. Crest Nicholson (South East) pleaded guilty. In mitigation, it said it had put procedures in place to prevent anything like that from happening again.

It said the managing director who was in overall charge of the site was no longer employed by the company.

Crest Nicholson (South East)’s £49,000 fine comprised: £30,000 for twice failing to comply with an improvement notice; £4000 for failing adequately to separate pedestrians from work vehicles; and £15,000 for failing to ensure the health and safety of people not in its employment. It was also ordered to pay costs of £9000.

“Many of the problems identified on this site are illustrative of a common failure of companies to plan and to then set clear standards and targets,” said HSE investigator Peter Collingwood.