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£500,000 fine for firm shopped by member of public

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  1. Many Eastern European Subcontractors, employed by Developers, Private Landlords and Some Main Stream Contractors have in my personal opinion over the past few years not given Strict Attention to Health & Safety / Welfare as required by British Law + Regulations in UK.

    Who do we hold responsible for these “Failures” ?

    In my personal opinion, I would say British Government, Local Authorities, Construction Industries and Greedy Developers.

    Kanti Patel C.Build E MCABE MCIOB FFB MCMI

  2. I note Mr.Patel’s perception of where responsibility lies for the subject breaches of H & S legislation and make the following observations:

    1. Necessarily, it is the British Government that enacts all (H & S) legislation;
    2. All employers (irrespective of whether their home base is not in Britain) have an obligation to be aware of all legislation that affects construction operations in Britain, and which is designed to control, impact upon, operations and administration of the business it carries out,
    3. As a corollary to (2) those employers have an obligation to implement systems that ensure such legislation is complied with,
    4. Those employers also owe a duty to their subcontractors / subcontractors’ employees to ensure compliance with matters that affect health and safety (which may extend beyond that which is covered by legislation),
    5. It is unlikely that central or local government or industry bodies can have a liability under or arising out of breaches of H & S legislation which lays duties upon employers,
    6. There may be circumstances where a developer could attract a duty in health and safety in addition to the legislative duties upon employers of construction workers, but normally this would be unlikely.

    FOOTNOTE: The level of the fine in this case is a clear indication of the punitive nature of fines now applied for such breaches (irrespective of whether any physical injury has occurred) of H & S legislation.

    M.Hawkyard B.Sc.(Hons.)., FRICS., FCIOB., FCIArb..

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