Work at height – caught during the act

Here is an example of being caught in the act of doing something foolish and being penalised for it. A foolhardy roofer appeared in court after footing a double extension ladder on a transit van in order to access a third floor façade. In this case, Mr George Nicholls (aged 25), blatantly risked harming himself and others as he used the ladder to paint a shop frontage in Southampton in March 2013. His reckless exploits were captured on camera by a council environmental health officer following a tip-off from a concerned member of the public.

The HSE investigated and then prosecuted Mr Nicholls for safety failings, as well as taking action against the company that paid him to undertake the work.  Southampton Magistrates’ Court heard Mr Nicholls (T/A Laser Roofing London and South East Roofing Limited)  had been sub-contracted by the Norfolk-based Company Maintenance 24-7 Ltd for the paint job because the company did not possess the correct equipment or expertise. Ladders were specified as the chosen method of work, but after the finding the façade was higher than the ladder he had with him, Mr Nicholls improvised: he placed the ladder on the roof of his van and worked from it, fully-extended, some eight metres above the ground with a labourer providing the footing.

Unsurprisingly, the Magistrates’ Court was told this system was fraught with risk. Not only could Mr Nicholls or his labourer have fallen, but there was no form of segregation to prevent vehicles or pedestrians from passing under or near the work area. So members of the public could have been struck by falling equipment or materials. Further to this, the HSE established that the van was parked over a bus stop on a busy road with double yellow lines – indicating a further lack of regard or awareness.

The Court heard that a pavement licence should have been obtained to create a properly segregated safe-working area, and that a safe work method should have been adopted, such as the use of scaffolding or of a mobile elevated work platform (MEWP) to provide a safer access option for the façade.

For their part, Maintenance 24-7 Ltd admitted a breach of Section 3(1) of the Health and Safety at Work etc Act 1974 and a further breach of the Work at Height Regulations 2005 and were fined £10,000 with £784 in costs.

Mr George Nicholls was fined a total of £4,000 and ordered to pay £666 in costs after pleading guilty to breaching Sections 2(1) and (3(1) of the same Act.

After the hearing, HSE Inspector Frank Flannery commented:

The photographic evidence speaks for itself in terms of the risks created. Anyone can see the system of work is plain wrong, so why a supposedly competent roofer chose to work in this way is anyone’s guess.

George Nicholls blatantly and recklessly risked harming himself and others, and he did so on behalf of Maintenance 24-7 Ltd, who had clear duties of their own to ensure the work at height was properly planned, managed and executed in a safe manner.

The standards of both parties fell far below those required, and I would like to thank the concerned member of the public who initially brought the matter to the council’s attention.