Builder jailed for failing to report RIDDOR accident

A builder has been jailed for failing to report an accident on site under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

Paul Adams was responsible for a construction site in Kingston when an excavator overturned. As a result of the accident the operator had to have a leg amputated. There was no investigation carried out and the accident was not reported under RIDDOR, which it should have been, given the nature of the injury. Under Regulation 4, the accident should have been notified to the HSE immediately with a written report following within ten days.

The accident only came to the attention of the HSE when the injured operator raised the matter with them. The HSE then carried out an investigation. Upon investigation, the HSE found that Adams did not have any health and safety training despite having worked in construction for his entire career.

Linked to this, the HSE found that there was no health and safety paperwork relating to the project and there was no employer’s liability insurance cover in place. The driver had no formal training on the equipment used and had been required to use a smaller machine than was needed for the work.  Due to these failings coupled with Adams’ lack of interest in making improvements, the HSE decided to prosecute.

In court in May 2021, Adams, trading as Surrey Conversions of Sutton Common Road, Sutton, was found guilty of breaching Regulation 3(1) of RIDDOR. He was sentenced to 24 weeks in prison and fined £2,033. A custodial sentence is unusual in these cases, but the judge decided that Adams’s egregious behaviour warranted it.

This case demonstrates the importance of reporting incident and accidents correctly under RIDDOR and carrying out effective investigations.

If you require assistance in any aspect of incident and accident management, Aegis has experienced and competent staff who can assist you.