IMMEDIATE JAIL TERM FOR RECALCITRANT DEVELOPER
Public and workforce at risk on “truly appalling” site
A developer has been handed a 30 month prison sentence after repeatedly breaching prohibition notices regarding work redeveloping a former office block in Essex.
HSE visited the project 28 February 2013 following complaints from local residents worried about debris falling from upper storeys and workers at risk of falling from height.
Eze Kinsley, the developer was found to be in control of workers at the site. He “verbally abused” the HSE Inspector who later returned with Essex police officers to serve prohibition notices. Mr Kinsley reacted strongly to the HSE action and assaulted the inspector.
After further reports that work had not stopped, HSE issued a further prohibition notice on 3 April 2013, which was breached within just one hour of being served.
HSE investigators found there were no safety measures in place to prevent injury to workers from debris falling from height and that there was also a real risk of injury to members of the public using the road and pavement next to the site.
Defendant refused to accept responsibility
At a hearing in Chelmsford Crown Court Eze Kinsley, of Edgware, Middlesex, was given a 30 months prison sentence after being found guilty of two breaches of section 3(2) of the Health and Safety at Work etc Act 1974, to be served concurrently with three 12-month prison sentences after being found guilty of three counts of contravening a Prohibition Notice contrary to section 33(1)(g) of the same Act. He was also ordered to pay costs of £5,000.
Mr Kinsley was found guilty of assaulting an inspector from HSE at a separate court appearance.
After the case, HSE Inspector Jonathan Elven, said:
“Although no one was injured as a result of the woefully inadequate working practices this is nevertheless a serious case.
The working conditions on this site were truly appalling with absolutely no provision for workers’ safety. In addition, the repeated breaching of prohibition notices – without any attempts to put right the reasons why work had been stopped – put workers and the general public at serious risk.
Mr Kinsley refused to accept that he had a responsibility to make sure people who worked for him, and any member of the public living or working near his site, were not subjected to unnecessary risks – and vigorously and violently resisted all attempts to make him take actions to protect them.
Putting safe working practices in place is often simple and inexpensive and, where this doesn’t happen, the costs, both financial and personal, can be immense.”