Construction company fined £100,000 after worker crushed by collapsing wall

A construction company was fined £100,000 after a 69-year-old worker was critically injured when a newly built blockwork wall collapsed into an excavation at a site in Poole. The incident was a result of temporary works not being designed, planned, or managed, and the wall being back-filled prematurely before the mortar had properly set.

To ensure your processes and protocols prevent these kinds of accidents from happening, contact one of our Health & Safety specialists for FREE, same-day assistance on 01455 858 132.

Reason for prosecution

Consequences for your construction business

Our risk prevention processes

Strategy implementation

Legal disclaimer

Reach out to an expert

Case background

On 19 August 2022, at a construction site on Old Coast Guard's Road in Poole, a steel-fixer was critically injured. Whilst the worker and two colleagues were working at the lower level of an excavation, a newly built blockwork wall at the north end collapsed. The wall had been back-filled too early, before the mortar had properly set, crushing the worker against the concrete floor of the excavation.

Emergency services attended the scene, but rescue efforts were delayed due to the absence of an emergency rescue plan and the use of an unstable ladder to access the deep excavation. The worker had to be hoisted out by the fire and rescue service before being airlifted to hospital, suffering life-changing injuries.

Reason for prosecution

An investigation by the Health and Safety Executive (HSE) found that the company had failed to properly assess a foreseeable risk associated with temporary works on site. The investigation revealed several critical failures:

• There was no temporary works design for the blockwork wall or any other temporary work structures at the site.
• The company failed to appoint either a temporary works coordinator or a temporary works supervisor.
• These issues were highlighted as a serious concern in a safety report issued eight days before the incident.
• Without a temporary works procedure in place, groundworkers backfilled the wall prematurely, directly leading to its collapse.

The company pleaded guilty at Bristol Magistrates' Court to breaching Regulations 13(1) and 19(1) of the Construction (Design and Management) Regulations 2015. The company was fined £100,000, ordered to pay £8,242 in costs, and a £2,000 victim surcharge.

HSE Inspector Alexander Ashen commented, "The correct design and execution of temporary works is an essential element of risk prevention in construction. This incident illustrates what can happen when temporary works are not properly organised. {company name redacted} is an established construction company, and a temporary works procedure should have been implemented as a matter of course. The fact that the company's own health and safety consultants raised this issue eight days before the incident makes this wholly avoidable event more tragic. HSE will not hesitate to act against companies that fail to properly plan and manage serious risks on construction sites".

Consequences for your construction business

If you run a construction business, dangerous procedures such as inadequate temporary works management could permanently damage both your company’s reputational and financial wellbeing, as well as your workers’ health and wellbeing.

In specific, the consequences of an incident like this are:

• Irreversible reputational damage.
• Client flight.
• Prosecution in a criminal court.
• Financially crippling penalties.

Our risk prevention processes

Under the Health and Safety at Work etc. Act 1974, all UK employers must ensure the safety and welfare of their workers in the workplace. Additionally, the Construction (Design and Management) Regulations 2015 specifically address the management of health, safety, and welfare when carrying out construction projects.

If this business was a Croner client, our team of consultants and advisors would be available 24/7 to help understand and evaluate all risks present, before construction went ahead.

This process would include evaluating current risk assessments and assisting with any additions required with special focus on temporary works risks.

This assessment would evaluate:

• Whether all temporary works, including excavations, formwork, propping, and shoring, are properly designed, planned, and managed.
• If a competent temporary works coordinator and supervisor have been appointed to oversee these critical elements.
• If formal training procedures existed, and if they equipped workers with the necessary skills to undertake construction procedures safely, especially concerning the correct timing for backfilling and mortar setting.
• If incident and risk-reporting systems were up to date, centralised, and actionable (i.e., systems are in place to at once act on reported risks and/or incidents, such as the safety report issued prior to this incident).
• All construction related procedures and whether Standard Operating Procedures (SOPs) are a) sufficiently documented and b) risk-free.
• If on-site teams have the expertise needed to undertake work safely (i.e., not understaffed, have trained personnel on-site, etc).
• The presence and adequacy of emergency rescue plans for deep excavations.

The above represents only a small portion of risks that our identification and evaluation system would uncover.

Strategy implementation

In the implementation phase, we would address the identified risks by providing targeted solutions based on the outcomes of the risk identification phase.

For example:

• Ensuring all temporary works designs are in place and approved by a competent person before work commences.
• Implementing clear procedures for the appointment and responsibilities of temporary works coordinators and supervisors.
• Overhauling non-compliant/insufficient training related to construction processes, including the proper curing times for mortar and safe backfilling practices.
• Establishing robust communication channels to ensure safety concerns raised in reports are immediately addressed and rectified.
• Developing and implementing comprehensive emergency rescue plans tailored to the specific risks of the site, such as deep excavations.

Legal disclaimer

The information provided above is for informational purposes only and does not constitute legal advice. It is imperative that you consult with a qualified professional or legal advisor to ensure that your organisation adheres to all relevant laws and best practices. Always prioritise the safety and wellbeing of those in your care.

Reach out to an expert

If you run a construction business and you want to ensure your organisation is risk free, give one of our Health & Safety specialists a call today for FREE, same-day advisory.

Call 01455 858 132.