COVID Spot Check Leads to Fine For Construction Contractor

Inspection reveals multiple health and safety issues

Manchester Magistrates’ Court heard that on 9 July 2020, a HSE inspector performed a proactive COVID-19 spot check at a local construction site. During the inspection, multiple infractions were revealed including working at height, welfare, COVID-19, site security, and electricity. The principal contractor, Umar Akram Khatab was served with a Prohibition Notice and two Improvement Notices. A return inspection on the 17 August 2020, confirmed that the contractor had failed to comply with any of the Improvement Notices HSE had served. The contractor had largely ignored the initial requirements to improve and additional enforcement action was required, including a further Prohibition Notice regarding an unsupported excavation. Throughout the process, Mr Khatab was reticent to communicate with HSE. Umar Akram Khatab, pleaded guilty to breaches of Section 21 of the Health & Safety at Work etc. Act 1974 and Regulation 13(1) of the Construction (Design and Management) Regulations 2015. He was sentenced to a 12-month community order and ordered to pay £3,000 towards costs and a victim surcharge of £95. After the hearing, HSE Inspector Rebecca Vaudrey said: “HSE prides itself on being a proportionate and evidence-based regulator. Since the beginning of the pandemic HSE has carried out more than 316,000 COVID-spot checks, with the priority to urgently make workplaces safe from transmission risks, rather than heavy-handed enforcement. These checks have demonstrated that the majority of employers want to do the right thing to ensure their workers go home safe and well." She added: “This is the first prosecution to arise from the Spot Check programme. We’ve repeatedly stressed that prosecution is a last resort, but this case clearly illustrates that where there is consistent disregard to COVID or other risks to employees’ health and safety, HSE will use its powers to take action.”