Health and Safety Failings – Scaffolder’s fall from height leads to £6,000 fine

Scaffolder’s fall from height leads to £6,000 fine

Key Facts: 

• A subcontracted suffered serious injuries after falling seven metres through a fragile surface.
• The HSE said that the incident “could have cost the scaffolder his life”.
• The HSE said that more could and should have been done to prevent the fall from height.
• The firm was fined £6,000 and £1,428 in costs.

The Case:

A construction company has been fined for breaching work at height regulations after a scaffolder suffered a fall from height and was seriously injured at one of their sites.

A subcontracted scaffolder suffered a 7m fall from height whilst working on a supermarket refurbishment in August 2013. He was crossing from the roof space of the old store onto the new extension when he stepped from an exposed timber walkway onto a section of dusty plasterboard, assuming it to be the same material as the walkway. He fell through the plasterboard and fell down to a stairway beneath the roof space.

As a result of the fall, the 31-year-old scaffolder fractured parts of his spine and pelvis, broke four ribs and bruised his lung. The investigating HSE officer stated that the subcontractor “suffered painful injuries that still cause him pain and discomfort, but he could just as easily have been killed.”

The case was heard at Westminster Magistrates’ Court on 4 March 2015, where it was established by the HSE that more could and should have been done to prevent the fall from height. Whilst the firm had made some steps towards controlling the risks – such as restricting access – not enough had been done to physically mitigate the chance of a fall from height. They could have provided a better and properly guarded walkway or used hard covers over the fragile materials.

The firm was fined £6,000 and ordered to pay £1,428 in costs for a breach of the Work at Height Regulations.

What the HSE Inspector had to say:

Speaking after the hearing the HSE Inspector Gavin Pugh stated that:

“The hazards presented by fragile surfaces and open edges are clear, and it is common knowledge that falls from height account for almost half of all deaths and serious injuries on construction sites. As such, companies like Bowmer & Kirkland should be fully aware of what needs to be done to adequately protect workers.

The safety standards surrounding the walkway and fragile area fell some way short on this occasion, and it could have cost the scaffolder his life. He suffered painful injuries that still cause him pain and discomfort, but he could just as easily have been killed.”

What the law states:

Regulation 6(3) of the Work at Height Regulations 2005 states:

“Where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.”

Further information on work at height can be found here.

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