Cheshire builder in court over absence of welfare facilities

A Cheshire building contractor, Phillip Affleck, has been fined for serious health breaches and lack of welfare facilities on a Culcheth building site.

Trafford Magistrates’ Court heard that the Health and Safety Executive (HSE) received a complaint from a member of the public in May 2014 about the conditions on the site where work was being carried out to convert a disused NHS premises.

The HSE investigation found access to the construction site was restricted and a lack of both health and safety provisions and welfare facilities. Workers were entering the building via ladders and planks. Work was stopped whilst Mr Affleck arranged for scaffolding to be erected to make access to the building safe.

Dust from sandblasting activities was found to be affecting other workers on the site and inadequate protection had been provided. Workers were expected to carry out tasks such as groundworks and bricklaying but were unable to wash their hands to remove any contamination.

An Improvement Notice requiring the provision of sanitary, washing and rest facilities was issued.

On Friday 18 September 2015, Mr Affleck of Legh Street, Golborne pleaded guilty to breaches of Regulation 22 of the Construction (Design and Management) Regulations 2007 and Regulation 7 of the Control of Substances Hazardous to Health Regulations 2002. He was fined a total £4,000 and ordered to pay costs of £2,495.

Speaking after the hearing, HSE Inspector Deborah Walker said: “It is hoped that this case serves as a lesson to all Principal Contractors that they must provide suitable toilets, washing facilities which include hot and cold running water and suitable, sheltered rest facilities for all workers engaged on their sites.”

Notes to Editors:

  1. The Health and Safety Executive is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement
  2. More about the legislation referred to in this case can be found at:
  3. Further HSE news releases are available at
  4. More information about Construction Site Welfare can be found at

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