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March/April 2023 issue

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Scaffolder who abused HSE inspector handed suspended sentence and tagged

Open-access content Thursday 5th July 2018
From the archive:  Just so you know, this article is more than 3 years old.

Suspended sentence and electronic tag for scaffolder who abused HSE inspector

Steven Connolly was erecting a two-lift scaffold on the front of a house in Kent for the installation of solar roof panels.

On 19 August 2016 a HSE inspector drove past the site on her way to work when she observed Connolly working without a safety harness and with no advanced guardrails or scaffolders' safe zone.

When she instructed Connolly to work in accordance with NASC guidance SG4:15, he subjected her to a torrent of abuse.

HSE inspector Andrew Cousins, who led the investigation, told IOSH Magazine: "The language he used was read out verbatim in court and doesn't make for very pleasant reading."

Cousins said the worker then "compounded the situation" by driving away and leaving the scaffolding incomplete.

"This was his way of further disrespecting authority," the inspector said. "And we're talking about the installation of some guardrails which is five to ten minutes' work tops. You might sometimes have an exchange of words with someone for a few minutes because it's a very macho culture but, in the end, they know it's in their best interest to comply."

He added: "We've got photographic evidence that the solar panel fitters had worked on the incomplete scaffold. They could have had a fall; they expect to turn up with the scaffold ready and just get on with their job. Fortunately, no one was injured."

Connolly pleaded guilty to breaching regs 6(3) and 8(a) of the Work at Height Regulations, which cover, respectively, preventing falls from a distance and the need for guardrails or toe boards on scaffolds. He was sentenced at Medway Magistrates' Court to 24 weeks in prison, suspended for 18 months.

Connolly's obstruction of the inspector was considered an aggravating factor by the court and he must wear an electronic tag for six months -- the maximum permitted under a curfew order. He is living at his girlfriend's address in Surrey between 9am and 5pm because he now works night shifts for another scaffolding firm.

Cousins said: "We're disappointed we had to resort to this level of action but we're not going to tolerate this type of abuse of an inspector. People have a responsibility for their own safety and for those who could be affected by their actions."

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Manchester Crown Court was told that Riaz Ahmad had hired a group of workers, who had no experience in construction, to demolish a property in Oldham. A Health and Safety Executive (HSE) inspector visited the site on 11 August 2017 after it received a phone call from Oldham Metropolitan Borough Council’s building control department. The inspector found almost all the internal walls and roof supports had been removed and served a prohibition notice on Ahmad preventing any further work and closed a major road that ran past the building.
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 HSE business plan targets mental health, ISO 45001 and major hazard industries

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 Construction inspections find rise in unsafe work at height

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The figures are based on around 10,000 building site inspections carried out by the construction safety body between January and June this year.They show there were 1,064 work at height and edge protection failings in the first three months of 2018, compared with 1,200 in the second quarter. The total number of failings logged for the whole of 2017 was 4,511, down from 4,568 recorded in 2016.
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