Contractor given community work after ignoring HSE Inspector

HSE prosecution

280 hours community service and £5,000 costs for contractor who ignored an HSE Inspector's notices and advice.

A sole trader acting as a principal contractor has been fined for failing to plan, manage and monitor construction work being carried out under his control, in spite of warnings and notices from a Health & Safety Executive (HSE) Inspector.

Chelmsford Magistrates’ Court heard on 3 March how Rytis Tamasaukas was in charge of extensive refurbishment works to extend a detached property in Chigwell, Essex.

The HSE carried out six site inspections between 1 May and 28 November 2018. Tamasaukas was served with three prohibition notices for breaches of the Work at Height Regulations 2005 and another regarding the instability of roof trusses. He was also served three notices for the control of wood dust, access & egress, and competent supervision,

Following a revisit to the site by HSE inspector David King it was discovered that Tamasaukas had continued in his failure to plan, manage and monitor the construction work being carried out under his control. He had also failed to comply with the prohibition notice for work at height and the improvement notice which referred to the training of a competent site manager.

Tamasaukas, now resident in Romford, Essex, pleaded guilty to breaching Regulation 15(2) of the Construction (Design & Management) Regulations 2015 and two counts of breaching Section 33(1)(g) of the Health & Safety at Work Act 1974.

He was ordered to serve a community order involving 280 hours of unpaid work within the next 12 months and pay costs of £5,000.

Speaking after the hearing, David King said: “This case highlights the need for suitable and sufficient planning, managing and monitoring, using the appropriate work at height equipment and having a competent site manager. Duty holders should be aware that HSE will hold to account those who do not comply with health & safety legislation, or who do not comply with enforcement notices served on them.”