A contractor and a retail company have both been prosecuted for safety failings during construction work at a convenience store in Vale of Glamorgan, Wales.

Martin McColl Limited of Ashwells Road, Brentwood, Essex pleaded guilty to breaching Section 3(1) of the Health & Safety at Work etc. Act 1974 on the first day of a two day trial, after initially pleading not guilty. It has been fined £600,000 with £11,520 in costs.

JMS Retail Concepts Limited of Stump Lane, Chorley, Lancashire pleaded guilty to breaching Section 3(1) of the Health & Safety at Work etc. Act 1974. It has been fined £40,000 with £3,028 in costs.


Cardiff Magistrates' Court heard that two members of the public were injured during the three-day construction of a concrete disabled ramp outside the store in Dinas Powys in January 2016. An elderly member of the public tripped over the work on 12 January, suffering severe bruising while also breaking her wrist and hitting her head.

The following day, another elderly member of public fell from the partially constructed ramp, breaking his collar bone and suffering severe bruising.

A Health and Safety Executive (HSE) investigation found the work, which was being undertaken while the store was open, meant customers were required to walk through the construction site to enter and exit the store. HSE said it would have been 'reasonably practicable' to close the store during the construction of the ramp and install barriers and signs to prevent access by members of the public.

Speaking after the hearing, HSE inspector Gemma Pavey said: "These incidents could so easily have been avoided by simply carrying out correct control measures and safe working practices.

"Commercial clients and companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards."

(LM/MH)