Trench Prohibition Notice Cancelled
Harry Vann, instructed by Olivia Tusler and Charlotte McClelland of Kennedys LLP, successfully appealed a Prohibition Notice on behalf of Clancy Docwra Limited relating to work in a shallow trench. The trench measured c.1m deep, but with a wide base of 2.7m by 5m. It was not supported by temporary works measures and had not been battered back or stepped. Two workers were engaged connecting water pipework when they were observed crouching in the trench with their heads below the top of the trench by an HSE inspector, who stopped the work and issued a Prohibition Notice. No injury occurred. On appeal against the Notice, the Employment Tribunal found that there was no real risk of serious injury, nor any breach of reg. 22 of CDM 2015. The Notice was cancelled accordingly.
