Property developer prosecuted for health and safety failings

A property developer has been ordered to pay £63,000 plus £25,622 in prosecution costs after the Health and Safety Executive (HSE) uncovered numerous safety failings at a construction site in London.

Nofax Enterprises Ltd was investigated by the safety watchdog following four inspections at its Dalston Lane site over a 13-month period from 2020 to 2021. The company was managing the construction of a four-storey building that was set to include nine flats and a large basement for a youth club.

Inspectors identified serious issues, including multiple risks associated with working at heights, inadequate fire safety measures, and excessive exposure to silica dust. These breaches were severe enough to warrant the site being shut down on two occasions. Additional legal violations included failing to protect workers from wood dust exposure and lacking sufficient COVID-19 and welfare controls.

The HSE issued nine enforcement notices against the company for the Dalston Lane site, including five prohibition notices. The investigation also revealed a poor health and safety culture and systemic management failures at other sites operated by the company.

Due to its repeated non-compliance with fundamental health and safety regulations, Essex-based Nofax Enterprises pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. Following a hearing at Southwark Crown Court, the company was ordered to pay a total of £88,812, which included the £63,000 fine and £25,622 in costs.

In his closing remarks, the judge noted that despite multiple HSE visits and numerous notices, the company failed to address ongoing risks and implement necessary changes. He concluded that there was a systemic failure within the organisation regarding health and safety management.

After the hearing, HSE inspector Gordon Nixon said: "This company showed a total disregard for the safety of its workers. They failed to meet even the most basic health and safety standards, continually exposing employees to serious risks. The HSE will not wait for a serious injury or worse to occur and will take appropriate action, including prosecutions, when health and safety regulations are so blatantly ignored."

Exposure to wood or silica dust can lead to severe health issues, such as asthma, nasal and lung cancers, chronic obstructive pulmonary disease, and silicosis. The HSE offers guidance for those working with stone and wood.