The HSE said its officials saw two people on the site accessing a roof from the bucket of an excavator and, “clearly identifying the practice to be unsafe”, they decided to stop and take action.
They saw 10 workers on the site and approached them.
The HSE said: “Lane, who would later be identified as the site manager, came over to intervene. He refused to identify himself, except as James Bond, and rebuffed their attempts to inspect the site.
“He went on to tell the inspectors he was in fact the property owner, that the men on site were unpaid friends and relatives, and that they had no legal right to inspect. He followed that up with threats of violence, at which point the inspectors withdrew.”
The inspectors returned to the site a week later with officers from Staffordshire Police.
“Lane greeted them with a shout of, ‘It’s PC Plod!’, while still refusing to identify himself. He maintained that he was the owner, told all his staff not to speak to HSE, except to confirm that they were his relatives and not at work, and told the inspectors once again that they had no right to inspect and to leave the site,” the HSE said.
The HSE said its inspectors identified Lane as the site manager and he was served with enforcement action.
“Upon receiving notification that he was to be prosecuted for the offence of obstruction, under two counts of section 33(1)(h) of the Health and Safety at Work etc Act 1974, he responded with three expletive-laden emails, and said ‘I won’t jump through your hoops’,” the HSE added.
According to the HSE, Lane, of Talbot Street, Rugeley, failed to attend Birmingham Magistrates Court on two occasions, and was found guilty after being tried in his absence on 9 January.
He was fined £3,000 and ordered to pay £6,450 court costs and a victim surcharge of £1,200, the HSE said.
HSE inspector Gareth Langston said: “This case highlights the difficulties we face in trying to improve the health and safety of workers across Great Britain.
“HSE inspectors have an important job to do, in safeguarding the health, safety and welfare of people at work. This includes investigating incidents and securing justice for innocent workers and the families that are tragically left behind.
“We conduct more than 13,000 inspections every year and it is through this proactive engagement that we are able to advise employers on how they can improve their ways of working. We only take enforcement action when the circumstances require it.
“We accept that not all employers will be pleased to see us, but the vast majority are professional and accept us with good grace.
“HSE will not tolerate the obstruction of its inspectors, and may prosecute offenders in rare cases such as this, where this is necessary.”
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Nicola Harley