A property developer has been ordered to pay nearly £90k after showing a “total disregard” for the safety of its workers. Nofax Enterprises Limited, of Maldon in Essex, admitted to breaches of the Health & Safety at Work Act 1974. Following a sentencing hearing at Southwark Crown Court, the firm was ordered to pay a total of £88,812.68, comprised of a fine of £63,000 and costs of £25,622.
In summing up the case, the judge stated that despite repeat visits by HSE and multiple notices being served, risks subsisted over a long period and the company failed to make any appropriate changes. The judge concluded by saying that there had been a systemic failure within the organisation to manage health and safety.
After the hearing, HSE inspector Gordon Nixon added: “This company showed a total disregard to keeping its workers safe. They failed to meet even the most basic health and safety standards, continually exposing operatives to serious risks.
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“HSE will not wait until workers are seriously injured, or worse and will take appropriate action including prosecutions when health and safety regulations are so blatantly flouted.”
The court heard that another site owned by the business was visited by HSE investigators four times over a 13-month period between 2020 and 2021. The company was overseeing the construction of a four-storey building containing nine flats and a large basement, which was to house a youth club.
However, health and safety failures identified by HSE inspectors were so serious that the site had to be shut down on two separate occasions. Failures included multiple working at height risks, poor fire precautions and the exposure of employees to large amounts of silica dust. Other legal breaches related to failures to protect workers from exposure to wood dust and insufficient Covid and welfare controls.
Exposure to both wood or silica dust can result in serious, life-threatening health conditions including asthma, nasal and lung cancers, chronic obstructive pulmonary disease and silicosis. A total of nine enforcement notices were served against Nofax Enterprises, including five prohibition notices.