A CRUMLIN builder who failed to fence off a potentially dangerous construction site was ordered to pay a total of £884.85 at Caerphilly Magistrates Court.
Stuart Daniels, of Lawn Terrace, trading as S&R Builders, did not fence off the building site at the Black Prince pub, Ynysddu, despite repeated warnings from the Health and Safety Executive (HSE), the HSE said.
He was given a two year conditional discharge and instructed to pay £859.85 in costs and a victim surcharge of £15 after pleading guilty to a single breach of the Construction (Design & Management) Regulations 2007.
The court heard that Daniels neglected to fence off the site between November 9, 2012, and January 9, 2013, despite being advised to do so multiple times.
He was given verbal advice to fence of the site, on the B4251 road at Ynysddu, following an inspection on October 22, 2012.
After a second inspection on November 9 showed excavations were more extensive but the site was still unfenced, Daniels was sent a written warning.
A month later, on December 14, nothing had changed, despite the fact that the excavations were now approximately 3.5 metres deep, presenting a serious fall risk.
At a fourth inspection on January 9, 2013, some fencing had been erected, but the site was still easy to access through a driveway.
After the hearing, HSE Inspector David Kirkpatrick said: “There is a clear legal requirement to adequately fence off construction sites that pose safety risks for inquisitive children, vulnerable people and others. This site posed a risk to the general public and Stuart Daniels was given advice to fence it off shortly after the first inspection, yet he chose to ignore that advice.
“Fatalities have occurred in the past when people have entered inadequately fenced construction sites. With the school holidays under way, this prosecution serves as a timely reminder to others to ensure they prevent such sites from becoming dangerous playgrounds for children.”
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