01/06/2020
29th May 2020
A refurbishment company has received a fine of £1.1m after an engineer – who was testing a sprinkler system for leaks at a site in Hemel Hempstead – fell from a ladder and suffered serious injuries.
Luton Crown Court heard that in 5 September 2016, the climbed onto an internal roof at the site and was inspecting the sprinkler system from an extension ladder. The ladder slipped away from him and he fell almost three metres into the gap between the internal roof and the external wall.
The worker suffered severe blood loss, requiring a blood transfusion and 14 stiches to his head. He also sustained a fractured vertebrae as well as soft tissue damage.
An investigation by the Health and Safety Executive (HSE) found that reasonably practicable measures had not been taken to prevent a fall from the internal roof for both the engineer and other contractors working on the roof.
The investigation found that Modus Workspace Limited, the principal contractor, had failed to discharge its duty to ensure those not in their employment were not exposed to risks, in particular that of falling from height.
The firm – which pleaded not guilty – was found guilty after a five week trial of breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974. The company was fined £1.1m and ordered to pay costs of £68,116.18.
After the sentencing, HSE inspector John Berezansky commented: “This case highlights the importance of taking reasonably practicable measures when planning and managing the risks regarding work at height within the construction industry.
“Falls from height remain one of the most common causes of work-related fatalities and injuries in this country and the risks and control measures associated with working at height are well known.
“The engineer’s injuries were life changing and he could have easily been killed. This serious incident and devastation could have been avoided if basic safety measures had been put in place.”
Law firm Fisher Scoggins Waters LLP Solicitors’ limited liability partner Michael Appleby commented: “Falls from height is a major issue for the construction industry. According to statistics published by the HSE in October of last year for construction they account for roughly a third of all injuries and around 50% of fatalities.
“Ladders present a particular challenge as they are not always perceived as presenting a significant risk, eg. when viewed as being incidental to a task or only being used for a short time. It is often about educating workers on the safe use of ladders and checking from time to time on how they are actually being used in the workplace.”
http://www.constructionlaw.uk.com/fall-from-height-results-in-large-fine-for-firm/
Fisher Scoggins Waters are a London based law firm who specialise in construction, manufacturing and engineering matters. If you have recently had a health and safety incident occur in your workplace and require legal advice, please phone us on 0207 993 6960.