Employers urged to carry out construction site risk assessments

Published: 9th October 2008

Legal advice article on workplace accidents by Jeremy Bradshaw of North West law firm Mace & Jones solicitors

An Oxford-based building company has recently been prosecuted following an accident on a building site. The accident saw an employee sustain significant leg burns after coming in contact with wet cement.

The accident, which occurred in March last year, prompted the Health & Safety Executive to launch an investigation and ultimately in the successful prosecution of the building company.

The worker was standing in a trench which formed the foundation of a house. The wet concrete poured over the top of his Wellington boots, contaminating his clothing. He received chemical burns from the cement to his lower legs as a result of the wet cement coming into prolonged contact to his skin. The situation was compounded by the fact that there were no suitable washing facilities on the building site.

Commenting on the case Jeremy Bradshaw, a legal specialist handling workplace injuries at Mace and Jones solicitors said:

"It is surprising how something as common as wet concrete could cause burns. Due to it being a chemical burn, the consequence can be very serious involving prolonged treatment and often leaving permanent scarring."

Mr Bradshaw said it appeared that the lack of suitable wash facilities on site, meant the accident was worse because the skin could not be cleaned. After the company pleaded guilty at the court hearing, for breaching the provisions of the Control of Substances Hazardous to Health Regulations 2002, it received a fine of £500 and ordered to pay costs.

At some building sites HSE guidance to the Construction (Health, Safety and Welfare) Regulations 1996 suggests that when the work is particularly dirty or when workers are exposed to especially hazardous substances (e.g. development of contaminated land) or demolition of old industrial buildings which are contaminated with toxic substances additional washing facilities, including showers, might be required. These need to be separate from the main washing facilities. It is important, therefore, for employers to be aware of their obligations and to carry out proper risk assessments. Once risks are identified, then measures to eliminate any risks highlighted must be put into place.

"No doubt the employee sued his employers for the injuries sustained in the accident, adding to the financial consequences for the company concerned," said Mr Bradshaw.