The HSE took action against B&O Developers Ltd and Sanjay Swaminaryan after members of the public raised concerns about unsafe working practices during extension and refurbishment of what is now the Kings Cross Express Inn on Kings Cross Road.

In January 2024, concerned members of the public sent photographs to HSE showing people working on a roof at the site with no control measures to protect them from falling, such as edge protection.

There was no safe means of access to the roof, with operatives photographed standing on a makeshift platform balanced on a stepladder.

The HSE investigation found that there were no controls in place to prevent the workers, who were employed by a subcontractor, from falling from height on at least two separate dates.

Measures which had been identified in the roofing subcontractor’s risk assessment as necessary controls, including scaffolding around the roof, were not in place.

The construction project ran from October 2020 until March 2024 and was initially managed by principal contractor Hubb Construction Ltd, of which Swaminarayan, 48, was a director. In March 2023, the principal contractor changed to B&O Developers Ltd, with Swaminarayan retained as the sole director and keeping all other site arrangements the same.

HSE inspectors responded to several concerns raised by the public and occupants of surrounding buildings between November 2021 and September 2023 and took enforcement action against both Hubb Construction Ltd and B&O Developers Ltd.

Inspectors also met with Swaminarayan to discuss how he could improve management arrangements to ensure sustained compliance with health and safety law.

Despite these interventions, a further concern was raised regarding unsafe roof work in January 2024.

HSE guidance states that in order for roof work to be carried out safely there must be, at a minimum, safe access to the roof and a safe place to work on the roof.

For sloping roofs, in practice this usually means providing full edge protection on all roof elevations to which access is needed. Where roofs are steep, the edge protection system needs to be capable of safely containing a person sliding down the sloping surface. Edge protection is also needed at gable ends.

B&O Developers Ltd of Prince Albert Road, London, pleaded guilty to safety breaches and was fined £4,020 with a surcharge of £1,608 at City of London Magistrate’s Court.

Sanjay Swaminarayan, of St John’s Wood Court also pleaded guilty and was was fined £2,300, with a surcharge of £1,108 and ordered to pay costs of £8,000.

HSE inspector Lucy Ellison-Dunn said: “The working practices of both the company and Swaminarayan put lives at risk.

“Swaminarayan was fully aware of the requirements for safe work at height, having been given guidance from both HSE and his own health and safety advisors on several occasions.

“Despite repeated assurances to improve work practices, he failed to ensure that suitable controls were in place to prevent falls and did not properly supervise those he employed to manage and carry out the work.

“I would like to thank those concerned members of the public who got in touch with HSE to let us know.

“We will always take action against those that fail to protect the lives of workers.”