A builder has been jailed for 24 weeks after he failed to report a serious incident that resulted in a workers leg being amputated
Westminster Magistrates’ Court heard how on 8 January 2019, worker Simon Lewis had been clearing a site on Clarence Avenue, New Malden with an excavator so a new house could be built. The excavator tipped while digging and it trapped Lewis’ leg, resulting in an amputation.
HSE investigation
An investigation by the Health and Safety Executive (HSE) found that Simon Lewis had no formal training for operating excavators and had requested a 3-ton model was provided for the work.
However, only a smaller 1.7-ton excavator was provided, and Lewis was put under pressure to use this. The incident was not reported to the HSE within ten days as required and the defendant, Paul Adams had not investigated the incident.
HSE was only able to start an investigation more than eight months later when the victim complained. By this time crucial evidence relating to the cause of the incident was unobtainable and the work was almost completed.
There was no health and safety-related documentation and there was no employer’s insurance cover for Lewis to claim against.
Adams had not obtained any health and safety training during his 50 years in the construction industry.
Paul Adams, trading as Surrey Conversions, pleaded guilty to a breach of Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. He received a 24-week custodial sentence and was ordered to pay costs of £2,033.
‘Incidents must be reported’
HSE inspector Andrew Verrall-Withers, said: “This case re-enforces how important it is that incidents are reported so they can be investigated, and improvements made to prevent serious incidents in future.
“The judge noted Mr Adams had not reported the incident even when prompted to by a solicitor, and that despite his construction experience he had failed to take any interest in understanding his legal duties nor invest in health and safety.
“Mr Adams claimed in court that he had stopped working for months due to the impact of the incident. However, the evidence showed he had continued with the work.
“The judge commented on how distressing it must have been for Mr Lewis on top of his life changing injury, to know the incident was not being investigated.”
