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Prison sentence for developer guilty of repeated safety flaws

Eze Kinsley has received a prison sentence after repeatedly breaching prohibition notices put in place to ensure the safety of workers while redeveloping a former office block.

What happened?

Following numerous complaints from residents concerned about both falling debris and workers left without any protection from falling while working at height, The Health and Safety Executive (HSE) visited the site in February 2013.

The developer in charge of the workers at the site, Eze Kinsley, verbally abused the inspector, and later physically assaulted him when he returned to the site to serve prohibition notices requiring an immediate stop to unsafe work at the site.

After the HSE received reports that work still hadn’t stopped, further prohibition notice was issued to the site in April 2013 – and was breached within just one hour of being served.

An investigation into the work being carried out found that no safety measures had been put in place to protect workers from debris falling from height, and additionally there was substantial risk of injury to members of the public using the next to the site.

What was the outcome?

Eze Kinsley was found guilty of breaching the Health and Safety at Work etc Act 1974, and was given a 30 month prison sentence.

This sentence was to be served concurrently with three 12-month prison sentences after he was found guilty of contravening a Prohibition Notice. He was also ordered to pay costs of £5,000, and was found guilty of assaulting a HSE inspector at a different court appearance.

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.”

If you have been affected an incident of this nature, and you would like expert advice, contact Hampson Hughes Solicitors today on 0800 888 6888 or email claims@hampsonhughes.com

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