A developer has been sent to prison for 30 months and ordered to pay costs of £5,000 after repeatedly breaching prohibition notices designed to ensure the safety of workers redeveloping a former office block in Parkeston, Essex.
Eze Kinsley, of Burnt Oak Broadway, Edgware, Middlesex, was found guilty of two breaches of section 3(2) of the Health and Safety at Work etc Act 1974.
“Although no one was injured as a result of the woefully inadequate working practices this is nevertheless a serious case,” HSE inspector Jonathan Elven said after the decision at Chelmsford Crown Court.
“The working conditions on this site were truly appalling with absolutely no provision for workers’ safety. In addition, the repeated breaching of prohibition notices – without any attempts to put right the reasons why work had been stopped – put workers and the general public at serious risk.”
Mr Kinsley was also found guilty at a separate court appearance of assaulting an HSE inspector.
No safety measures in place
The Health and Safety Executive attended the site on 28th February 2013 following complaints from residents about debris falling from upper storeys. Members of the public also cited personal safety concerns when employees were spotted working at height without any fall protection.
Eze Kinsley, the developer in control of workers at the site, verbally abused the HSE inspector who visited.
The inspector later returned with Essex police officers to serve prohibition notices requiring an immediate stop to unsafe work at the site. Mr Kinsley reacted to this order by physically assaulting the inspector.
When it emerged that the work had not ceased, the HSE issued a further prohibition notice on 3rd April 2013. This was breached within just one hour of being served.
A subsequent investigation by the HSE discovered an absence of safety measures to prevent injury to workers from debris falling from height. It also established that there was a real risk of injury to members of the public using the road and pavement next to the Parkeston House site.
HSE inspector, Mr Elven, stated: “Mr Kinsley refused to accept that he had a responsibility to make sure people who worked for him, and any member of the public living or working near his site, were not subjected to unnecessary risks – and vigorously and violently resisted all attempts to make him take actions to protect them.
“Putting safe working practices in place is often simple and inexpensive and, where this doesn’t happen, the costs, both financial and personal, can be immense.”
Eze Kinsley, of Burnt Oak Broadway, Edgware, Middlesex, was given a 30 months prison sentence to be served concurrently with three 12-month prison sentences.
He was also ordered to pay costs of £5,000.
Related reading:
- Grayling aims to “slay” Britain’s safety culture
- 6 steps to achieving external floating roof tank safety
- Don’t be a dumbo: wear your ear protectors
- Free personal protective equipment training for your site
- Proposed safety measures designed to protect volunteer workers
- 5 reasons to take the NEBOSH ITC in oil and gas safety Grimsby
