The recently reported case of Mr Paul Adams serves as a severe reminder to dutyholders of their RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) responsibilities.
Earlier this month Paul Adams, a builder, was sentenced to a custodial term of 24 weeks after failing to report a serious incident at a construction site under his management.
The case was heard before magistrates sitting at Westminster Magistrates Court. The Court were told that on 8 January 2019, Simon Lewis had been clearing a site on Clarence Avenue, New Malden with an excavator. The excavator tipped while digging and it trapped Mr Lewis’ leg, resulting in an amputation.
The Health and Safety Executive investigation found that Mr Lewis had no formal training for operating excavators and whilst he had requested a 3 tonne excavator for the work a smaller 1.7 tonne excavator had been provided and he had been put under pressure to use this light plant. The incident was not reported to the HSE and Mr Adams had not sought to investigate the incident. The HSE’s investigation was commenced more than eight months after the incident trigger by a complaint from Mr Lewis. As a result of the delay crucial evidence relating to the cause of the incident was unobtainable and the work was almost completed.
When requested by the HSE, Mr Adams was unable to produce any suitable health and safety related documentation and it was discovered that he had also failed to ensure employer’s insurance cover was in place. The HSE also found that Mr Adams had not obtained any health and safety related training during his 50 years in the construction industry.
Mr Adams, trading as Surrey Conversions, of Sutton Common Road, Sutton pleaded guilty to a breach of Regulation 3(1) of RIDDOR 2013 and was sentenced to a 24-week custodial sentence and was ordered to pay the costs of the prosecution.
Please click here to view our article on the current RIDDOR reporting obligations during the pandemic
