Construction Health and Safety Consultancy and CDM Adviser Services

Failure to Comply With Improvement Notices Results in Huge Fine
Posted by David Cant on August 1, 2012
1 Comment

When you are handed an Improvement Notice from the Health and Safety Executive you must take immediate action. One company was recently prosecuted after they failed to make the necessary changes they were given after a series of inspections between 2008 and 2010.  Euticals Ltd, who were previously trading as Archimica Ltd, specialise in manufacturing and distributing chemical products in Wales.  They failed to comply with the law regarding the safety measures required when dealing with such chemicals.

Hazardous Chemicals Need to be Controlled

The company were not able to show that they understood how to prevent major incidents.  The firm were not taking into consideration the consequences of their actions on the public and the people which were employed. No adequate measures were taken to reduce the risks of explosions or fires. Even when the Health and Safety Executive inspectors visited they still failed to show they were meeting the standards required.

In some circumstances the Health and Safety Executive will hand out improvement notices which will give you some time to make things right. At those times you can contact the health and safety consultants if you are unsure of what is required or if you need to make use of any of the excellent services available for all industries. Archimica had a lot of time to ensure they were following the law regarding the use of dangerous chemicals, yet despite the warnings and the visits they still failed to step into action.  This behaviour could have resulted in a disaster.

£100,000 Fine for Breaching the Law

The case went to Mold Crown Court where Archimica pleaded guilty for failing to comply with the Improvement Notices they were given by the HSE.  They were fined £100,000 with an additional £8,344 added in costs.   The company had breached the Health and Safety at Work Act, specifically Section 33 (1) g.  The section clearly points out that ignoring or failing to contravene the requirements or prohibitions which have been ordered by an Improvement or Prohibition Notice.

If your company is given Improvement Notices you can call on the health and safety services to correct the situation. Not only will this show you are in complete compliance with the law, it is also a way of reducing the risks to the people that work within your company and the general public.  Any explosions or fires could kill or seriously injure people on location and could even spread further affecting the lives of others.

The health and safety consultants can be called at any time to come and evaluate the problem, conduct surveys and help you to follow the laws and regulations to avoid any further problems.  If you do not understand the Notices you have been given by the HSE contact the experts and ask for their assistance.  That way you can start to work towards making the necessary improvements and make the changes you need to so as to avoid prosecution. For a fast and friendly response call 0800 1488 677 for help.



David Cant is a Chartered Safety and Health Practitioner extraordinaire. He has a wealth of Industry experience and is the MD of Veritas Consulting. David also Blogs about Health and Safety here Health and Safety Consultants

His aim is to flavour Health and Safety with integrity, served with a side of humour You can find David on - Twitter and Google also Linkedin

This post has been filed in: Construction Health and Safety, Health and Safety, Health and Safety Consultancy, Health and Safety Services, Workplace Health and Safety, Workplace Safety

One Comment

  1. August 3, 2012 at 7:58 am

    To limit this we should consider the need of a professional construction consultant to make sure we are doing the right Value Management as well the right decision for the best outcome.

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