Ling Development Limited of Wombourne pleaded guilty at Birmingham Magistrates Court to breaches of the ԭ (Design and Management) regulations, and was fined £15,858 with costs of £3,858.
A HSE inspection of Ling Development's construction site at The Crest in Telford found a lack of adequate welfare provision: no hot or warm water was provided in toilets, and the site lacked suitable rest facilities. Two improvement notices were served.
On three previous occasions, the company had been found to have breached the same legislation. A HSE investigation identified repeated failings, despite enforcement action and advice from inspectors.
It's natural to expect an employer to provide means for workers to wash their hands after using the toilet. But the requirement is spelled out in the CDM regulations. Washing facilities must include clean hot and cold or warm water. Rest facilities must have adequare tables and seating, and there must be suitable arrangements to ensure meals can be prepared and eaten.
HSE inspector Natalie Spurrier said, “The provision of suitable welfare facilities such as hot running water and basic rest facilities are the minimum all workers should expect - they aren’t a luxury.
“Our investigation found that Ling Developments Limited failed in its duty to provide the minimum standard of welfare facilities at some of its construction sites. Failing to comply with legal obligations such as in cases like this, places workers at unnecessary risk.
“We expect these responsibilities to be taken seriously and HSE will continue to take action when standards fall short.”