A developer has been sent to prison for 30 months after
repeatedly breaching prohibition notices which were put in place to ensure the
safety of workers while redeveloping a former office block in Parkeston, Essex.
The Health and Safety Executive (HSE) visited the site on 28
February 2013 following complaints from local residents worried about debris
falling from upper storeys and of the danger to workers being left without any
protection from falling while working at height. NEBOSH
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Eze Kinsley, the developer who was found to be in control of
workers at the site, verbally abused the HSE Inspector who visited. The
inspector had to return with Essex police officers later to serve prohibition
notices requiring an immediate stop to unsafe work at the site. Mr Kinsley
reacted strongly to this, physically assaulting the inspector.
After further reports that work had not stopped, HSE issued
a further prohibition notice on 3 April 2013, which was breached within just
one hour of being served.
Eze Kinsley, of Edgware, Middlesex, was today (18 July)
prosecuted by the HSE at Chelmsford Crown Court for serious breaches of
the Health and Safety at Work etc Act 1974.
HSE’s investigation found that there were no safety measures
in place to prevent injury to workers from debris falling from height and that
there was also a real risk of injury to members of the public using the road
and pavement next to the Parkeston House site.
Eze Kinsley, of Burnt Oak Broadway, Edgware, Middlesex, was
given a 30 months prison sentence after being found guilty of two breaches of
section 3(2) of the Health and Safety at Work etc. Act 1974, to be served
concurrently with three 12-month prison sentences after being found guilty of
three counts of contravening a Prohibition Notice contrary to section 33(1)(g)
of the same Act. He was also ordered to pay costs of £5,000.
Mr Kinsley was found guilty of assaulting an inspector from
HSE at a separate court appearance.
After the case, HSE Inspector Jonathan Elven, said:
“Although no one was injured as a result of the woefully
inadequate working practices this is nevertheless a serious case.
“The working conditions on this site were truly appalling
with absolutely no provision for workers’ safety. In addition, the repeated
breaching of prohibition notices – without any attempts to put right the
reasons why work had been stopped – put workers and the general public at
serious risk.
“Mr Kinsley refused to accept that he had a responsibility
to make sure people who worked for him, and any member of the public living or
working near his site, were not subjected to unnecessary risks – and vigorously
and violently resisted all attempts to make him take actions to protect them.
“Putting safe working practices in place is often simple and
inexpensive and, where this doesn’t happen, the costs, both financial and
personal, can be immense.”
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