Contractor sentenced for unsafe working methods on Denton site

A principal contractor has been sentenced after he was found to have supervised unsafe excavation work at a site in Denton, Tameside, which put workers in danger and rendered the neighbouring property unstable.

Manchester Magistrates’ Court heard how, between 2019 and 2020, Mustapha Matib had employed several groundworkers to excavate land at Gibraltar Lane, Denton, in preparation for the construction of a family home.

An inspection was carried out at the site in August 2020, after neighbours raised significant concerns. Work was stopped when serious fall risks and potential collapse were identified.

An investigation by the Health and Safety Executive (HSE) found that as principal contractor Mr Matib had failed to prepare a construction phase plan, with risk assessments and method statements detailing how the work would be safely carried out.

He also failed to appoint a site manager with suitable skills, knowledge and experience to plan, manage and monitor the work, and ensure the health, safety, and welfare of those carrying out the work or others who may be affected by their actions.

Inspectors also identified a large, deep and unprotected excavation, which gave rise to a foreseeable fall risk. In addition, excavations were not shored or suitably battered back to prevent the risk of collapse.

Personal protective equipment had not been provided and some workers were working barefoot on site.

The site was not adequately secured to prevent unauthorised persons from entering and a neighbouring property had been undermined with parts of the property at risk of collapse due to the excavation work.

Mustapha Matib, of Allerton Road, Bradford, pleaded guilty to breaching Regulations 2(1) and 3(1) of the Health & Safety at Work etc. Act 1974.

He was sentenced to 16 weeks imprisonment suspended for 12 months, ordered to carry out 200 hours unpaid work and pay costs of £5,673.

Speaking after the hearing, HSE inspector, Phil Redman, said: “Inspectors will not hesitate to take appropriate enforcement action against dutyholders who fall below the required standards and put lives at risk.”

Manchester Magistrates’ Court also heard the case of a spring manufacturing company which was fined after an employee had two fingers of his right hand severed while attempting to lubricate a bandsaw.

The court heard how, on October 2, 2019, a labourer employed by Hanson Springs Ltd in Rochdale was assisting in the cutting back department to cut sections of steel spring using a vertical bandsaw when the blade began to smoke and squeal.

The worker decided to replace the blade, as on inspection it appeared heavily worn.

He attempted to lubricate the new blade, by pressing a cardboard tube of wax onto the exposed section of it while it ran. The tube was drawn in, in turn drawing in the worker’s hand, severing the middle two fingers at the first and second knuckle, respectively.

An investigation by the HSE found that, although the worker had received training from the supervisor in using the machine, it was of poor quality, no formal competency assessment had been carried out, nor was he certain that he could use the machine unsupervised.

Furthermore, despite lubrication of the blades in this manner being standard practice within the company, it was unnecessary as the machine was self-lubricating.

The worker had been shown how to do this during training to minimise the time needed for the blade to become greased using the inbuilt lubrication system and, therefore, operational.

Operational management was not aware of this dangerous practice and, therefore, no safe method of lubricating the blades had been provided.

Hanson Springs Ltd of Hanson Place, Gorrells Way, Rochdale, Lancashire, pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974. The company was fined £200,000 and ordered to pay costs of £5,394.

Speaking after the hearing, HSE inspector Peter Lennon said: “This incident could so easily have been avoided.

“Employers should ensure they carry out an assessment of the risks and put in safe system of works for the operation of all machinery.

“Employers should also ensure that adequate supervision, instruction and training is provided to workers.”