Prosecution for Principal Contractor after several rule breaches

A man has been prosecuted after failing to meet several duties in his role of Principal Contractor (PC) on a construction project in Manchester.

In 2019 and 2020 several groundworkers had been employed by Mustapha Matib, of Allerton Road, Bradford, to excavate land for the construction of a house. However, work was stopped by the Health and Safety Executive (HSE) inspectors following reports by neighbours about the safety of the groundworkers and the impact on their own properties.

Multiple failings

The HSE inspectors discovered that there was a large and deep excavation on the site which had not been shored or suitably battered back to prevent the risk of collapse. The excavation was also undermining neighbouring properties putting them at potential collapse. Furthermore, workers on site had not been provided with personal protective equipment (PPE) and the site had not been adequately secured to prevent unauthorised persons from entering. 

The HSE inspectors found that Matib had not carried out his duties as Principal Contractor, which are set out in the Construction (Design and Management) Regulations 2015. Specifically, he had not prepared a Construction Phase Plan for the works, which would have included risk assessments and safe method of working statements. He had also failed in his duty of care to ensure the health and safety of those carrying out the works and others who may have been affected by them, namely the occupiers of neighbouring properties. 

Paying the price

Matib was prosecuted for breaching Regulations 2(1) and 3(1) of the Health and Safety At Work etc. Act 1974 at Manchester Magistrates Court. He was found guilty and was sentenced to 16 weeks’ imprisonment suspended for 12 months, ordered to carry out 200 hours of unpaid work and pay costs of £5,673.

As Principal Contractor, proper management of the health and safety of workers during the construction phase is imperative. Failure to comply can put people at serious risk.

Aegis can assist anyone involved with construction projects, whether as a client or PC, in complying with duties under the CDM Regulations. If you need advice or guidance please get in touch with our team of experts today.