Prison sentence for persistent Health & Safety offender

23 July 2014

A man has been handed a 30 month prison sentence for repeatedly and blatantly breaching Health & Safety laws on his development site in Essex.

Eze Kinsley from Edgeware, Middlesex was developing a disused office block into residential apartments and was in charge of the workers he has on site and therefore responsible for their safety.

In February 2013 local residents expressed concerns to the Health & Safety Executive (HSE) about the safety of the site and its workers. They complained about workers being at height without protection from falling, as well as concerns for members of the public who were at risk of falling debris, onto the pavement and road below.

When the HSE made their initial visit to follow up the resident’s complaints, the developer was angry and abusive towards the inspector. The inspector was forced to bring along local police officers when he returned with prohibition notices which would require an immediate stop to the unsafe work which was taking place at the site. The inspector was right to be cautious with police reinforcements as Mr Kinsley was so obstructive towards the inspector and the notice which stopped the work continuing, he physically assaulted the HSE inspector.

Weeks later, residents reported that the work had still not ceased on the development site and a further HSE prohibition notice was served which was, once again, ignored by the offender and breached within the hour.

On 18 July, at Chelmsford Crown Court, Eze Kinsley received five prison sentences for breaches of the Health and Safety at Work Act. He will serve 18 months in prison for breaching Section 3(2) of the Act, 12 months for failing to comply with a prohibition notice and three further 12 month sentences for breaches of Section 33 (1)(g), concurrently.

The HSE inspector involved, said that the total sentence of 66 months is one of the longest ever handed for breaches of the Health and Safety at Work Act.

Judge Peters also ordered Kinsley to pay costs of £5,000 and was found guilty of assaulting the HSE inspector in a separate court appearance.

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