Contractor fined for failing to comply
14 March 2022
A SOLE trader has been fined for failing to plan, manage and monitor construction work being carried out under their control.
Chelmsford Magistrates’ Court heard how Rytis Tamasaukas was the principal contractor carrying out extensive refurbishment works to extend a detached property in Chigwell, Essex.
The Health and Safety Executive (HSE) carried out six site inspections between 1 May and 28 November 2018. Mr Tamasaukas was served with three prohibition notices for breaches of the Work at Height Regulations 2005 and another prohibition notice for the stability of roof trusses. He was also served three improvement notices for the control of wood dust, access and egress and competent supervision,
Following a revisit to the site by the HSE inspector David King it was discovered that Mr Tamasaukas continued in his failure to plan, manage and monitor the construction work being carried out under his control. He also failed to comply with the prohibition notice for work at height and the improvement notice which referred to the training of a competent Site Manager.
Mr Tamasaukas, formerly of 27 Neterfield Gardens, Barking and now resident in Romford, Essex, pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015 and two counts of breaching Section 33(1)(g) of the Health and Safety at Work Act 1974. He was ordered to serve a community order, which involves undertaking 280 hours of unpaid work within the next 12 months and ordered to pay costs of £5,000.
Speaking after the hearing, HSE inspector David King said, “This case highlights the need for suitable and sufficient planning, managing and monitoring, using the appropriate work at height equipment and having a competent Site Manager. Duty holders should be aware that HSE will hold to account those who do not comply with health and safety legislation, or who do not comply with enforcement notices served on them.”