Health and Safety Failings – Risk assessment failings lead to prosecution

Risk assessment failings lead to prosecution

Key Facts: 

• An ecology consultancy firm have been prosecuted after a worker broke her back falling through a loft hatch.
• The HSE said that “A ‘one size fits all’ approach is obviously not suitable and the company’s tick-box approach to risk assessment failed to protect this worker.”
• The company was fined £12,000 and costs of £1,138.50.

The Case:

The HSE have prosecuted an ecology consultancy over failure to conduct suitable risk assessments at their sites, which resulted in serious injury to one of their employees.

The company had been contracted to carry out a survey at the former psychiatric hospital site that was being sold for redevelopment. A 34-year-old worker was surveying the loft space for wildlife when she fell through a loft hatch, landing on a concrete floor four metres below. The incident occurred on 12 May 2014.

The incident on 12 May 2014 caused the employee to suffer a fractured vertebra at the base of her spine, and she needed to stay in hospital for seven days. After this, she was required to wear a back brace for 3 months, and was unable to return to work for several weeks.

The case was heard at Chelmsford Magistrates’ Court on 10 March 2015, where the court was told that the risk assessments used for the work were not undertaken properly. The ecology consultancy firm knew that the buildings had not been in use since the site closed in 1997, and the risk assessments they undertook were too general to identify the specific risks associated with the site. Their assessment should have included the risks posed by fragile and rotting timberwork in areas such as the loft space.

The HSE said that “the company’s tick-box approach to risk assessment failed to protect this worker”. Had the proper risks been identified and the correct controls been in place, this incident could have been avoided.

The firm pleaded guilty to breaching the Health and Safety at Work etc Act 1974 and breaching the Work at Height Regulations 2005. The company was fined £12,000 and costs of £1,138.50.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Edward Crick stated that:

“The failure of DF Clark Bionomique Ltd to properly plan this wildlife survey has resulted in a significant injury to one of its employees. This is a company which undertakes surveys in locations ranging from a tree, to something considerably more complex such as the one being undertaken at the old Severalls hospital site.

A ‘one size fits all’ approach is obviously not suitable and the company’s tick-box approach to risk assessment failed to protect this worker.

Falling through fragile surfaces is a well-known risk, particularly in the construction industry, and any work at height needs to be properly assessed and managed, including sometimes seeing if the work needed can be done in a way that avoids any work at height at all.”

What the law states:

Section 2(1) of the Health and Safety at Work etc. Act 1974 states:

It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Regulation 4(1) of the Work at Height Regulations 2005 states:

Every employer shall ensure that work at height is (a) properly planned; (b) appropriately supervised; and (c) carried out in a manner which is so far as is reasonably practicable safe.

Risk assessment is an important tool for protecting workers. The failure of this company to properly identify and assess the risks caused one employee a lot of unnecessary pain and inconvenience. Cases like this demonstrate that risk assessments should be carried out in order to identify and control risks – not for the sake of filling out paperwork.

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