Contractor and director fined after flouting prohibition notices

11 June 2018 | By Neil Gerrard


A construction firm and its director found to be putting their workers at risk of injury have been fined after flouting prohibition notices.

Westminster Magistrates’ Court heard how D & S Solutions, under the control of its director Daniel Schipor, was issued with two prohibition notices on site.

The Health and Safety Executive (HSE) found that workers were at serious risk of fall and injury from the unprotected edges of an excavation and at immediate risk of injury from potential collapse of the unsupported excavation.

But the HSE later discovered that Schipor and his firm had not taken any steps to comply with the prohibition notices prohibiting any work near the open edge of the excavation, and had not taken measures to prevent dislodgement of material and collapse of the excavation.

D & S Building Solutions of George V Avenue, Pinner, Middlesex pleaded guilty to two counts of breaching the Health and Safety at Work etc. Act 1974. The company was fined £2,000 and ordered to pay costs of £2,000

Daniel Schipor pleaded guilty to breaching two counts the Health and Safety at Work etc Act 1974. He was fined £2,000 and ordered to pay costs of £2,000

HSE inspector Saif Deen said: "The risks associated with work related to excavations are well known throughout the construction industry.

"D & S Building Solutions and Daniel Schipor failed to comply with prohibition notices and continued to put persons at risk of serious injury."


Excavation in construction trade, must be dealt with as serious issues; apart from the noncompliance fined, D & S Building Solutions should be enforced to take continuing professional unit courses on excavation so as to buttress training of employees. Furthermore, D&S must in future, designate a competent person trained in soil classification and the recognition of trenching and excavation hazards. This person must be on-site when excavating or trenching is being done. D & S Building Solutions shall be made to prepare appropriate documentation to meet the HSE trenching and excavation standards to be maintained on site for adequate HSE inspections. D & S must learn from previous violations that prior to opening any excavation or trench, an excavation inspection form must be formalized by the company to show safety gestures, also inclusive of excavation permits required on a daily basis while the excavation is open. Protections of workers and public at-large is of paramount. if an excavation will remain open longer than one work shift, a barrier sufficient to protect people from falling into the excavation or erected at a minimum of 183cm from the excavation in order to warn passers-by


Leave a comment