A builder has been imprisoned for 24 weeks after he failed to report a serious incident at a construction site he was in charge of.
Westminster Magistrates’ Court heard that on 8 January 2019, worker Simon Lewis had been clearing a site on Clarence Avenue, New Malden with an excavator so a new house could be built.
The excavator tipped while digging and it trapped Mr Lewis’ leg, resulting in an amputation.
The incident was not reported to the HSE within ten days as required and the defendant, Paul Adams, had not investigated the incident. HSE was only able to start an investigation more than eight months later when the victim complained. By this time crucial evidence relating to the cause of the incident was unobtainable and the work was almost completed. There was no health and safety related documentation and there was no employer’s insurance cover for Mr Lewis to claim against. Mr Adams had not obtained any health and safety related training during his 50 years in the construction industry.
Paul Adams, trading as Surrey Conversions of Sutton Common Road, Sutton pleaded guilty to a breach of Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. He received a 24-week custodial sentence and was ordered to pay costs of £2,033.