A 50-year-old man was working on a London site for Cavendish Basements Ltd when the accident happened.

He had been levelling the ground in a three-metre deep excavation area when, after it had rained, the excavated material slid and pinned him against a wall.

Rather than wait for paramedics, Cavendish Basements’s sole director James Harper moved the operative — along with another person — and took him to hospital in a works van.

The injured worker’s solicitor reported the incident to the Health and Safety Executive (HSE) two months later.

HSE inspectors then made several visits to the site and found that the work being undertaken at the time of the incident (and since) failed to be suitably planned, managed and monitored.

Specifically, regarding stability of structures, excavations, work at height and management/supervision arrangements, resulting in multiple enforcement notices being issued.

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Harper should have also reported the incident to the HSE, under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2012.

At court, he pleaded guilty to breaching the Health and Safety at Work etc. Act 1974. He was sentenced to six months, suspended for two years and was ordered to pay £4608.32 costs and a £154 surcharge.

“Mr Harper’s decision to not report the incident, as required by law, resulted in other workers continuing to be put at risk on a daily basis and it was lucky that no one else was seriously injured,” said HSE inspector Andrew Pipe.

“This case should remind everyone in the construction industry that HSE will not hesitate to take action against individuals and companies that fail to properly plan and manage serious risks on construction sites.”

This prosecution was brought by HSE enforcement lawyer Neenu Bains and paralegal officer Melissa Wardle.