An HSE  inspection at Ling Developments Limited’s site at The Crest Telford in April 2024 identified failings including no hot or warm water in the toilets and a lack of suitable rest facilities for workers.

The inspection resulted in two improvement notices being served, requiring the company to take action to comply with the law.

On three previous occasions, the company had been found to have breached the same legislation. An investigation, initiated by HSE, identified repeated failings by the company which, despite enforcement action and advice from HSE inspectors, continued to provide sub-standard facilities that contravened their legal duties.

Under The Construction (Design and Management) Regulations 2015, principal contractors have a duty to provide specific welfare facilities for construction sites. Washing facilities must include:

A supply of clean hot and cold or warm water;
Rest facilities must be equipped with an adequate number of tables and seating;
Suitable arrangements to ensure meals can be prepared and eaten.

Ling Developments Limited of Wombourne, Wolverhampton, pleaded guilty to CDM breaches was fined £15,858 and ordered to pay £3,858 in costs at a hearing at Birmingham Magistrates Court this week.

HSE Inspector Natalie Spurrier said: “The provision of suitable welfare facilities such as hot running water and basic rest facilities are the minimum all workers should expect – they aren’t a luxury.

“Our investigation found that Ling Developments Limited failed in its duty to provide the minimum standard of welfare facilities at some of its construction sites.

“Failing to comply with legal obligations such as in cases like this, places workers at unnecessary risk.

“We expect these responsibilities to be taken seriously and HSE will continue to take action when standards fall short.”

The rest facilities offered to workers were also not suitable