Kathryn Gilbertson

+44 (0)1733 887621 kgilbertson@greenwoodsgrm.co.uk

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Prison Sentence for Builder who failed to RIDDOR report a serious accident

Construction / 19 May 2021

Failure to submit a RIDDOR report, following a serious amputation accident, has resulted in a builder receiving 24-weeks imprisonment and ordered to pay costs. 

Westminster Magistrates Court heard how an employee became trapped under an excavator and resulting in his leg being amputated.  He had been working on a clearing site in New Malden so that a new house could be built. The excavator tipped and trapped his leg.

HSE started their investigation more than 8 months after the incident when the employee complained. By this time, the works had already been completed and the evidence relating to the incident was no longer available.  They found that employee had no formal training for operating an excavator.

Paul Adams, the employer, did not investigate the incident; and had no health and safety records or employer’s insurance cover.  Mr Adams had not obtained any health and safety training during his 50 years in the construction industry.  He had also failed to RIDDOR report the incident within 10 days, as is required.

Mr Adams pleaded guilty to a breach of Regulation 3(1) of the Reporting of Injuries, Disease and Dangerous Occurrences Regulations 2013.  He received a 24-week custodial sentence and was ordered to pay costs of £2,033.

This case reinforces the importance of employers knowing their health and safety obligations; providing the correct equipment; training their staff and ensuring that RIDDOR reports are lodged promptly.

 

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