Page 16 - IOSH JanFeb24_Full LR

Green Facades had put in place the
measures that I required them to do,’
Jackie stated. The company had, but it
still wasn’t very good. ‘There were still
openings in the combustible material – in
THE KNOWLEDGE PROSECUTIONS
fact, Green Facades had created another
issue when it had started to remove the
combustible material.’
On this building there were
alternating vertical strips of aluminium
composite cladding with combustible
insulation underneath, and then just
combustible insulation covered with
render. ‘What Green Facades had

CONSTRUCTION done [...] was to strip off one section of
insulation and render. But in doing so, it
had exposed the combustible material
underneath the cladding either side.
GB HSE’s proactive stop Green Facades taking anything
Jackie served a prohibition notice to
else off the building until the exposed

cladding inspection combustible insulation had been
adequately covered up.
A third check revealed Green Facades
leads to £240k fi ne finally had its house in order. However, the

level of enforcement triggered a decision
to prosecute under the safety watchdog’s
enforcement management model.
Following the tragedy of the Grenfell Tower ‘In this case, every 4×4m there had

fire, the issue of combustible cladding and to be a tie,’ said Jackie. ‘But to fit them, THE PROSECUTION

insulation – especially in the case of high-rise the scaffolders had to punch a hole One of Green Facades’ pleas of

buildings – has become a high-profile and through the external render, insulation mitigation was that everything that
highly emotive topic. To address this, the and cladding. The render itself is was identified by the HSE had been

GB Health and Safety Executive (HSE) has not combustible but the insulation addressed within a few days. But the
instigated a proactive programme of building that it covered was, and the holes judge said: ‘If it only took the company

inspections where such combustible materials had not been backfilled with a non- a few days to address these points, why
are being replaced. Programme coordinator, combustible material. There were lots couldn’t it have enacted these measures
HSE inspector Jackie Western, told IOSH of holes on the facade of the building from the start?’
magazine about a case she investigated in where combustible material had been Although Green Facades was
which significant failings were discovered, exposed.’ classed as a small company in terms

leading to a company being fined almost a There were also insuffi cient means of sentencing guidelines, it is still a

quarter of a million pounds. of escape from the scaffolding. ‘There multi-million-pound company and should
should be at least two escape routes, have recognised that putting all the
THE ISSUES so people can go back if there is a company’s OSH responsibility in once

A proactive inspection at a site in London fire in front of them, or they can go person – who had subsequently left the

revealed issues around the management forwards if there is a fire behind them,’ company – was not a good idea.
of the fire risks associated with the removal Jackie explained. In October 2023, at Liverpool

and replacement of combustible material Magistrates’ Court, Green Facades Ltd
and resulted in enforcement action against NOTICE FOR IMPROVEMENT pleaded guilty to breaching regulations
the company, Green Facades. A later job Because improvement notices are for a 11(1) and 13(1) of the Construction
at an eight-storey building in Liverpool process rather than an immediate risk, (Design and Management) Regulations.
alerted Jackie to scaffolders erecting a the HSE gives people 21 days to comply; The company was fined £240,000 and

scaffold across the facade of the building. a company has the right to appeal an ordered to pay costs of £5405.

‘With scaffolding beyond a certain height improvement notice if they believe it PHOTOGRAPHY: HSE

and width, and depending on its intended is unjustified. ‘After a couple of weeks,

ioshmagazine.com/green-facades
use, it needs to be tied to the building. I returned to the site to see whether
16 JANUARY/FEBRUARY 2024 | IOSHMAGAZINE.COM
14-17 Prosecutions_29-Feb-2024_IOSH.indd 16 12/12/2023 09:33