Gillingham worker pays price for firm’s safety failings

A Dartford Scaffolding firm and its director have been prosecuted for failing to provide a safe way of working on a fragile roof after a worker fell and suffered serious injuries.

Mr James Froud, 22, from Gillingham, was hospitalised for ten days and had to take several months off work whilst wearing a back brace and using crutches as a result of the incident at Siemans Windpower Compound at Ramsgate Port on 14 October last year.

Canterbury Magistrates heard yesterday (23 October) that Mr Froud, a scaffold labourer working for London and South Scaffolding Ltd, was fitting hand rails on a fragile rooftop when he fell seven metres through the skylight.

The Health and Safety Executive (HSE) investigated the incident and found that the company and director Gary Peck were aware of how fragile the roof and skylights were, but failed to take adequate measures to prevent a fall, such as using a mobile elevating work platform to avoid standing on the roof, or using staging fitted with guard rails.

London and South Scaffolding Ltd and Gary Peck both pleaded guilty to four separate breaches of the Work at Height Regulations 2005 for not doing more. The company was fined £10,000 and ordered to pay £1,000. Gary Peck was fined £15,000 and ordered to pay £2,000 in costs.

After the hearing, HSE Inspector Caroline Penwill said:

"Falls from height are the most common cause of workplace fatality and also account for a large number of serious injuries, as was the case here.

"The company and director were aware that the roof and skylights were fragile, but did not take any steps to avoid access to the roof or provide a safe method of work. Had they done so, James' fall could have been prevented.

"Today's prosecution underlines that all work at height must be properly planned, supervised and carried out safely, especially when it involves working on or near a fragile roof.

"Companies and directors need to carefully consider the risks of working at height and identify and implement adequate controls to protect their employees."

The latest HSE statistics show that in 2010/11 20 workers were killed and more than 6,300 others were injured as a result of a fall from height. Further information on working safely and preventing falls can be found online at www.hse.gov.uk/falls^[1].

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to prevent death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. http://www.hse.gov.uk/^[2]
2. Regulation 4(1)(a) of the Work at Height Regulations 2005 states: "Every employer shall ensure that work at height is (a) properly planned."
3. Regulation 4(1)(b) of the Work at Height Regulations 2005 states: "Every employer shall ensure that work at height is (b) appropriately supervised."
4. Regulation 4(1)(c) of the Work at Height Regulations 2005 states: "Every employer shall ensure that work at height is (c) carried out in a manner which is so far as is reasonably practicable safe."
5. Regulation 9(2) of the Work at Height Regulations 2005 states: "Where it is not reasonably practicable to carry out work safely and under appropriate ergonomic conditions without passing across or near, or working on, from or near, a fragile surface, every employer shall (a) ensure, so far as is reasonably practicable, that suitable and sufficient platforms, coverings, guard rails or similar means of support or protection are provided and used so that any foreseeable loading is supported by such supports or borne by such protection; (b) where a risk of a person at work falling remains despite the measures taken under the preceding provisions of this regulation, take suitable and sufficient measures to minimise the distances and consequences of his fall."