Prosecutions

A Health and Safety Executive (HSE) inspector visited a residential property in Plymouth on 16 March 2009 and found several basic safety failings in scaffolding erected by the man for roofing work.

Plymouth Magistrates Court heard only one guard rail was found on the working platform that required two, no safety harnesses were used to erect the scaffold and an unsecured scaffold pole was resting on a broken concrete block wall.

HSE served a prohibition notice ordering work to stop and the man was also served with an improvement notice to undertake training in scaffolding safety, which the scaffolder had not previously done.

Despite these orders inspectors returning to the site found the scaffolder had failed to carry out the training under and were forced to prosecute.

The scaffolder pleaded guilty to contravening the requirements of an Improvement Notice to provide sufficient training for himself and his employee under Section 33 (1) (g) of the Health and Safety at Work Act 1974. He was given a conditional discharge and ordered to pay £2,108 in costs. The magistrates also ordered the scaffolder to complete the additional training for himself and his employees within 18 months of the hearing.

After sentencing, a HSE Inspector commented:

"It is absolutely imperative that scaffolding is erected safely by well trained workers to avoid often catastrophic incidents.

"This case not only illustrated a lack of professionalism when the scaffolding was erected but then ignorance of a legal order intended to increase the scaffolders competence. He has found today that compliance with these notices is compulsory, not optional.

"Proper training in scaffolding techniques would have easily avoided the basic mistakes made and created a much safer environment for his own workers and the roofers relying on his workmanship."