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Directors fined after worker suffers brain damage 25/03/2010 Two directors of a decorating firm have been prosecuted after a worker was left brain damaged while working at a residential refurbishment.

The self-employed worker was working as a painter on a student accommodation refurbishment when the incident happened 15 August 2007.

 

Huddersfield Magistrates' Court heard the worker was working at a student village when he apparently fell from a ladder, though no witnesses could confirm this.

 

The Health and Safety Executive (HSE) prosecuted the decorating firm, two of its directors, and a second company, the principal contractor, for health and safety breaches.

 

The HSE investigation found the principal contractor and the contractor, had allowed work to be carried out that was not adequately planned or supervised and had used inappropriate equipment.

 

The contractor pleaded guilty to breaching regulation 4 (1) of the Work at Height Regulations 2005, and was fined £2,000. The two directors of the firm also pleaded guilty to the same charge. They were fined £1,000 each.

 

The principle contractor pleaded guilty to breaching Regulation 22 (1) of the Construction (Design and Management) Regulations 2007. They were fined £2,000.

 

The worker was unable to recall any details of the incident because of his injuries sustained to his head.

 

After the hearing a HSE inspector said:

 

"The ladder used, which we believe may have caused or contributed to his fall, was simply not suitable for the work he was doing. It was a domestic step ladder which should not have been allowed on the site.

 

In this situation, a tower scaffold would have been much more appropriate.

 

Falls from height remain the single most common cause of fatality and serious injury in the construction industry. The law is quite clear and HSE provides freely-available guidance on how work at height should be managed.

 

In this instance, individual directors of a company were found guilty for not planning and supervising the work properly. This case should send a clear message to company directors about their responsibilities for health and safety."

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