03/07/2020

Fatal workplace incidents rose in the construction sector last year despite an overall reduction in deaths across all industries, according to statistics released this week by the Health & Safety Executive.
Provisional figures for the 2019 / 20 financial year show construction was one of the few industry sectors which saw an increase in the number of fatal injuries to workers, with 40 deaths recorded. This is nine more than the low of 31 seen the previous year and the figure is also higher than the five year average of 37 deaths per year in the sector.
In contrast, 111 workers were killed at work last year across all industries, marking a reduction of 38 from the previous year and the lowest annual number on record.
Covid - 19 Impact
HSE’s report adds that, even without Covid-19, 2019 / 20 was on track for a lower total number of workplace fatalities over the year compared with other recent years. However, deaths in both February and March were particularly low compared to other recent time periods and this coincides with the time that Covid-19 was starting to have an impact on UK economy.
Law firm Fisher Scoggins Waters limited liability partner Michael Appleby said that, although the construction industry saw an increase in fatal injuries, HSE’s report points out that the annual numbers have fluctuated in recent times and that, over the last five years, the number of deaths has ranged between 31 and 47. “There is a danger of reading too much into one year’s figures,” he said.

Mr Appleby added that Covid-19 has had a dramatic impact on the UK economy and the effects are predicted to be felt for some time. “If there is a fall in construction deaths next year then this is more likely to be due to a reduction in activity rather than an improvement in health and safety.
“While companies are understandably focused on Covid-19, it is important they do not look at this risk in isolation,” he continued. “When applying the control measures advised by the Government employers should consider how these affect the management of other health and safety risks in their operation.”
The rate of fatal injury in construction, while around four times as high as the average rate across all industries, is considerably less than the rate in either agriculture, forestry and fishing, or waste and recycling, despite accounting for a greater number of cases than these sectors.
Last year the rate of fatal injuries in construction per 100,000 workers was 1.74, compared to the five year average of 1.64.
Over three quarters of the total workplace deaths in 2019 / 20 – and the combined five year period from 2015 / 16 – were accounted for by just five different types of accidents.
Falls from a height, being struck by a moving vehicle and being struck by a moving, including flying or falling, object continue as the three main causes of fatal injury, between them accounting for over half of all fatal injuries each year since at least 2001/02.
Last year across all industries there were 29 fatal falls from height, accounting for around a quarter of all worker deaths. Twenty cases of workers being fatally struck by a moving vehicle were recorded, and 18 died after being struck by a moving object. A further 15 were killed after being trapped by something collapsing or overturning.
2019 / 20 figures
The 2019 / 20 figures are currently provisional and will be finalised in July 2021.
Michael Appleby noted that construction projects often involve a number of contractors and the challenge is how they are managed, particularly in respect of co-ordination and co-operation, he said.
“HSE observes that commercial clients have an important role in safety because they have contractual control, appoint designers and contractors and determine the money, time and other resources available.
“James Reason in his seminal book Managing the Risks of Organizational Accidents quotes American law professor Michael Baram who said in a 1993 lecture:
“Irrespective of the concept invoked to define what safety is at a particular point in time, as society progresses, it demands a higher degree of safety. Thus, safety is a target moving continuously towards zero risk, except for interruptions during times of economic distress or high unemployment.”
Going forward, the construction industry must be vigilant that the economic climate and consequential pressures that may come from clients do not lead to the improvements in safety achieved over many years being compromised.”
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.