An East Sussex construction firm and one of its directors have been charged and fined for failing to provide adequate welfare facilities for their employees at one of their sites. ID8 Design and Build oversaw a site, carrying out a full refurbishment on a residential two-story flat. The Construction (Design and Management) Regulations 2015 (CDM) required them to provide adequate and reasonable welfare facilities for their staff on site, but they failed to do so and were subsequently charged.
A HSE inspection carried out in November 2021 found that the welfare facilities did not meet minimum requirements under the CDM Regulations. These requirements mirror the Workplace (Health, Safety, and Welfare) Regulations 1992, which cover a variety of workplace health and safety standards in most other workplaces, including the provision of toilets, cleaning, and eating facilities. The requirements are to provide toilets that are private and suitable, washing facilities, and eating and rest areas—all of which must be suitably maintained. The HSE inspection found that the toilet that did not flush properly did not have a door or window; there was no sink to wash hands; there was no hot water; there was no soap; and there were no towels. Cold water was available via a pipe connected from the adjoining room. There was no designated area for eating, drinking, or resting.
For more details about these requirements:
Construction: Welfare - Managing occupational health risks in construction (hse.gov.uk)
Frequently asked questions – Welfare (toilets etc) (hse.gov.uk)
ID8 were served with an Improvement Notice with a list of actions requiring them to ensure suitable welfare facilities were provided on site. A subsequent visit indicated that they the firm had not complied with the Improvement Notice.
In February 2023, The Magistrates Court issued the following sanctions;
- Having pleaded guilty on 18 January 2023 to breaching Section 33(1)(g) of the Health and Safety at Work etc. Act 1974, ID8 Design and Build Ltd, of Blatchington Road, Hove, East Sussex, was fined £1334 and ordered to pay costs of £1748.
- Having pleaded guilty on 18 January 2023 to breaching Section 33(1)(g) of the Health and Safety at Work etc. Act 1974 by virtue of Section 37(1) of the act, ID8 Design and Build Ltd director Adeel Bhatti, was fined £416 and ordered to pay costs of £1622.07.
Apart from the fines and legal costs, it is important to note that the director was personally fined and ordered to pay costs. This is an important lesson for owners, directors, and senior management. You can be held personally liable for failing to take any or all reasonable and suitable steps to comply with health and safety requirements or for turning a blind eye. The HSE was at pains to emphasise that many small construction firms fail to comply with these basic requirements, and note should be taken that regardless of their size or resources, they can be held accountable. There are no exceptions.
This article highlights the importance of taking HS matters seriously and the consequences of getting it wrong. Quest can advise you on your individual circumstances and provide a bespoke consulting service for all your health and safety needs. This will ensure you become aware of your obligations, become, and remain compliant, and avoid unnecessary investigations, litigation, crippling fines, and legal costs. You can contact the Quest advice line for help on this issue or any other relating issues by calling 0116 274 9193.
