- Workers put at risk of serious injury.
- Inspector slams contractor for showing “complete contempt” for workers’ safety
- HSE guidance is available on safe working from height and demolition.
A London contractor has been given a suspended prison sentenced after risking the lives of workers and ignoring action taken by Britain’s workplace regulator.
The Health and Safety Executive (HSE) ordered Mohammed Mehdi Ali to stop working at a construction site in Willesden on 7 September 2018. Inspectors visited the Willesden Lane site and found unplanned, unsupervised and unsafe work was putting people at serious risk of injury.
Workers had been identified working on the roof area where they were at serious risk of falling from a height as no measures to protect them were in place. Unplanned and unsafe demolition work had also left the building structure at risk of collapse.
Despite the prohibition notice being served against him, Mr Ali ignored it and the work continued as before, putting the lives of those working on the site at risk. Mr Ali, of Barn Hill in Wembley, also failed to turn up at court to face justice in 2021 and as a result a warrant was issued for his arrest. It was only thanks to intelligence from the local community that the police arrested him and the court proceedings could finally resume. He has now been given a suspended 20-week custodial sentence and ordered to complete 200 hours of unpaid work.
Not only did the HSE investigation find that Mr Ali disregarded the prohibition notice, but also that he failed to put in place measures to ensure the health and safety of people at his construction site.
The law requires employers to carry out their legal duty to protect persons’ health and safety at the workplace by ensuring that construction work is adequately planned, managed, and monitored and appropriately supervised.
Falls from height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height. In law, demolition work is treated the same as any other construction work. Workers must be supervised and follow safe working practices. HSE guidance on demolition is available.
Mr Ali pleaded guilty to committing an offence under s33(1)(g) of HSWA by breaching a prohibition notice and continuing to carry on the work without suitable and sufficient measures in place thereby exposing his workers to serious risk of personal injury. He was sentenced to 20 weeks imprisonment, suspended for 18 months and must complete 200 hours of unpaid work as well as 10 days of rehabilitation. He was also ordered to pay £12,151 in costs.
HSE inspector Saif Deen said: “Mr Ali not only ignored HSE and the criminal justice system, he showed complete contempt for the safety of workers.
“The law requires employees to ensure the health and safety of persons at their workplace. Employers have a responsibility to ensure that everyone on a building site is safe.
“We will not hesitate to take action against those who fail to comply with HSE enforcement and continue to put their workers at risk.
“Working at height remains one of the leading causes of workplace death and injury.
“We would like to thank the local community for ensuring justice was done, which helps to keep people safe.”
This prosecution was brought by HSE enforcement lawyer Alan Hughes and paralegal officer David Shore.
Further information:
- The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places and helping everyone lead safer and healthier lives.
- More information about the legislation referred to in this case is available.
- Further details on the latest HSE news releases is available.
- HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences in England can be found here and those for Scotland here.