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Rogue developer let untrained workers demolish building by hand
The owner of a block of flats has been fined £200,000 after an
HSE inspection identified serious safety breaches while it was
being demolished by hand.
Westminster Magistrates' Court heard that a member of the public
raised concerns about the conditions at the site at 60 Pitcairn
Road, Mitcham.
Selliah Sivaneswaran was the owner of the property, but had
failed to make appropriate appointments for the development
project.
The site had been inspected by HSE in October 2016 and the work
halted due to the workers being exposed to a range of risks
including exposure to asbestos, falling from height, and fire.
HSE revisited the site on 4 January 2017 and found the work had
restarted while the site was still unsafe, despite enforcement
notices being served and advice being provided.
The demolition continued to be carried out by hand with workers
climbing onto the unguarded roof and throwing the debris down.
Workers were at risk of falling up to four metres through holes
in the floors and partly demolished staircase. No welfare
facilities had been provided and there was a significant risk of
fire with the workers not being able to escape.
The Court heard that two days before the sentencing hearing, HSE
had to return to the site and take further action.
The project involved the demolition of the old flats and the
construction of four one-bedroom flats and two two-bedroom flats on
a site bought for £115,000 in 2001.
The Court heard that despite the foreseeably large financial
return from the project, Sivaneswaran put profit before safety and
paid cash in hand to untrained workers, did not engage a site
manager, and provided none of the legally-required site
documentation.
HSE inspector Andrew Verrall-Withers commented after the
hearing: "Mr. Sivaneswaran was a commercial client as he was
carrying out work as part of a business. When he failed to appoint
a principal contractor, their duties fell on him.
"Thanks to a member of the public reporting the dangerous
conditions HSE was able to take action. It was just good fortune
that no one had been killed at the site.
"Instead of taking the support and advice provided by HSE, Mr.
Sivaneswaran continued to let the workers operate in appalling
conditions where they were at risk of being killed.
"He did not even provide them with a WC or washing
facilities".
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