Two firms have been prosecuted after a labourer suffered multiple injuries in a fall from unguarded scaffolding.

Stephen Keegan, 56, of Frome, Somerset, was a temporary employee of Julian Chard Carpentry Ltd, which had been sub-contracted by C J Deighton & Co Ltd to construct timber frames for some properties in Studley Green, Trowbridge, Wiltshire, in March 2012.

Chippenham Magistrates' Court heard today (14 May) that Mr Keegan was helping to build the frames when he fell some two metres from an unguarded section of scaffolding. He suffered a fractured knee, broken collarbone, fractured wrist and perforated ear drum.

A Health and Safety Executive (HSE) investigation found that Swindon-based C J Deighton & Co Ltd failed to properly plan and manage construction activities on site to ensure that work, including work at height, was carried out safely.

The company also failed to provide adequate, up-to-date information to site management, scaffolders and contractors. This led to a fixed scaffold being provided for workers that failed to take account of changes to plans for the building, resulting in a lack of internal edge protection around the porch area where Mr Keegan fell.

The court heard that although site management identified the problem with the scaffold, their only response was to fit a temporary and inadequate guard rail. They also allowed work to be carried out for a number of days despite knowing it was unsafe to do so.

HSE inspectors also found sub-contractor Julian Chard Carpentry Ltd failed to supervise the work or put adequate safety measures in place to protect anyone working at height on the timber frame construction.

C J Deighton & Co Ltd, of Old Station House, Station Approach, Newport Street, Swindon, Wiltshire, was fined a total of £15,000 and ordered to pay £3,122 in costs after being found guilty in their absence of breaching Regulation 22(1) of the Construction (Design and Management) Regulations 2007.

Julian Chard Carpentry Ltd, of Vallis House, Vallis Road, Frome, Somerset, was fined a total of £10,000 and ordered to pay £3,121 in costs after also being found guilty in their absence of breaching Regulation 6(3) of the Work at Height Regulations 2005.

CJ Deighton has gone in liquidation and Julian Chard Carpentry has now ceased trading.

After the hearing, HSE inspector Helena Tinton said:

"This was a serious incident which could easily have been prevented. There were significant failures by both C J Deighton and Julian Chard Carpentry. With proper planning and communication a suitable scaffold could have been provided. Monitoring and supervision on-site should have identified the unsafe work at height and work halted until the scaffold was corrected or measures put in place to mitigate a fall.

"Mr Keegan has undergone several operations since his fall and is unlikely to get full mobility in his shoulder, knee or wrist. This was only a temporary job for Mr Keegan and, as a self-employed painter and decorator, his injuries meant that he could not work at all for six months and they will severely hamper his future ability to work."

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PC and contractor prosecuted despite both businesses folding

C J Deighton & Co Ltd and Julian Chard Carpentry Ltd have been prosecuted after a labourer suffered multiple injuries in a fall from unguarded scaffolding during construction of timber frames on a Wiltshire project in March 2012.

Chippenham Magistrates’ Court heard today (14 May) that Stephen Keegan, aged 56, was involved in building the frames when he fell some 2m from an unguarded section of scaffolding. He suffered a fractured knee, broken collarbone, fractured wrist and perforated ear drum.

HSE investigators found that Swindon-based C J Deighton & Co Ltd failed to:

• properly plan and manage construction activities on site to ensure safety;
• provide adequate up-to-date information to site management and others; and 
• provide internal edge protection around the porch area where Mr Keegan fell.

The court heard that site management identified the problem and fitted a temporary and inadequate guard rail. The work proceeded for a number of days despite the company knowing it was unsafe to do so.

HSE inspectors also found sub-contractor Julian Chard Carpentry Ltd failed to supervise the work or put adequate safety measures in place to protect anyone working at height on the timber frame construction.

Proper planning and communication was required

C J Deighton & Co Ltd, of Swindon was fined a total of £15,000 and ordered to pay £3,122 in costs after being found guilty in their absence of breaching CDM Regulation 22(1) which requires the principal contractor to plan, manage and monitor the project construction phase so it is carried out without risks to health or safety.

Julian Chard Carpentry Ltd, of Frome was fined a total of £10,000 and ordered to pay £3,121 in costs after also being found guilty in their absence of breaching Regulation 6(3) of the Work at Height Regulations 2005 which requires the employer to ensure measures are taken to prevent any person falling a distance liable to cause personal injury.

CJ Deighton has gone in liquidation and Julian Chard Carpentry has now ceased trading. After the hearing, HSE inspector Helena Tinton said:

“This was a serious incident which could easily have been prevented. There were significant failures by both C J Deighton and Julian Chard Carpentry.

With proper planning and communication a suitable scaffold could have been provided. Monitoring and supervision on-site should have identified the unsafe work at height and work halted until the scaffold was corrected or measures put in place to mitigate a fall.

Mr Keegan has undergone several operations since his fall and is unlikely to get full mobility in his shoulder, knee or wrist. This was only a temporary job for Mr Keegan and, as a self-employed painter and decorator, his injuries meant that he could not work at all for six months and they will severely hamper his future ability to work.”

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Swansea Crown Court heard (13 May 2013) that Russell Samuel, aged 40, was dismantling a scaffold ladder access platform ahead of the installation of a roof and staircase on the fourth floor when he fell some 19m narrowly missing a carpenter working below. He suffered multiple injuries, including a fractured skull and died two days later in hospital.

HSE investigators found regarding Febrey Ltd:

• inadequate and ineffective health and safety management arrangements with little or no communication, information and instruction provided to its workforce;
• a management team on site that was inadequately trained in health and safety, despite repeated warnings by health and safety consultants; and
• persistent and systematic failures to control risks at the site.

HSE investigators found that Carillion Construction Ltd

• failed to ensure the safety of its employees and those under its control; and
• as principal contractor was made aware of and had detected many failings in the safety management of Febrey Ltd but failed to gain improvement from the company.

Michael Febrey was aware of the failings within his company – his workforce had raised concerns about the site – but failed to take responsibility for the company failings which allowed this culture to continue.

Judge stresses that words are no substitute for effective action

Carillion Construction Ltd of Wolverhampton, pleaded guilty to breaching HSW Act Section 2(1) and Section 3(1) and was fined £130,000 and ordered to pay £52,500 in costs in an earlier hearing.

Febrey Ltd, of Bristol which when into liquidation shortly after the incident admitted breaching HSW Act Section 2(1) and Section 3(1). His Honour Judge Thomas said he fined the company a token amount of £85 which would have been in the region of £250,000 if the company were solvent.

Michael Febrey of Bristol pleaded guilty to breaching HSW Act by virtue of Section 37(1) and was fined £20,000 and ordered to pay £5,000 in costs.

Speaking after the hearing, HSE Inspector Anne Marie Orrells said:

“I echo the sentencing remarks made by Judge Thomas, that: ‘…there was a lack of proper and adequate expertise, training and direct responsibility for matters of health and safety. The personnel, the time, the resources and the will were all lacking to address the reoccurring problems of people working unsafely at height as necessary.

Disregard for basic safety measures were left unchallenged. No one took ownership of the issue. In such an atmosphere, not only the inexperienced and the vulnerable, but the experienced like Mr Samuel, can become sloppy and complacent. It was against that background and in that culture that the accident happened.

This culture was allowed to continue without proper managerial intervention and for that reason Mr Febrey, as the managing director, must bear a portion of direct responsibility. There was a void in the company’s organisation, which Mr Febrey must have recognised, but did not rectify.’”

Inspector Orrells added:

“Carillion Ltd. had a duty to plan, manage and monitor the work. Febrey’s failing were all too apparent, moreover Carillion were aware of it.

Judge Thomas said: ‘Ultimately, what they did not do was stop it – they did not do enough, they did not achieve the desired necessary result. Nagging and warning are one thing – positive, effective action is another.

Carillion should have taken robust steps to remedy a situation which they were perfectly aware of.’

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Carillion Construction Ltd, Febray Ltd and Michael Febrey director of the concrete structures company have been prosecuted after a scaffolder died when he fell whilst dismantling a scaffold platform on a major Swansea construction project in 2008. 

Swansea Crown Court heard (13 May 2013) that Russell Samuel, aged 40, was dismantling a scaffold ladder access platform ahead of the installation of a roof and staircase on the fourth floor when he fell some 19m narrowly missing a carpenter working below. He suffered multiple injuries, including a fractured skull and died two days later in hospital.

HSE investigators found regarding Febrey Ltd:

• inadequate and ineffective health and safety management arrangements with little or no communication, information and instruction provided to its workforce;
• a management team on site that was inadequately trained in health and safety, despite repeated warnings by health and safety consultants; and
• persistent and systematic failures to control risks at the site.

HSE investigators found that Carillion Construction Ltd

• failed to ensure the safety of its employees and those under its control; and
• as principal contractor was made aware of and had detected many failings in the safety management of Febrey Ltd but failed to gain improvement from the company.

Michael Febrey was aware of the failings within his company – his workforce had raised concerns about the site – but failed to take responsibility for the company failings which allowed this culture to continue.

Carillion Construction Ltd of Wolverhampton, pleaded guilty to breaching HSW Act Section 2(1) and Section 3(1) and was fined £130,000 and ordered to pay £52,500 in costs in an earlier hearing.

Febrey Ltd, of Bristol which when into liquidation shortly after the incident admitted breaching HSW Act Section 2(1) and Section 3(1). His Honour Judge Thomas said he fined the company a token amount of £85 which would have been in the region of £250,000 if the company were solvent.

Michael Febrey of Bristol pleaded guilty to breaching HSW Act by virtue of Section 37(1) and was fined £20,000 and ordered to pay £5,000 in costs.

Speaking after the hearing, HSE Inspector Anne Marie Orrells said:

“I echo the sentencing remarks made by Judge Thomas, that: ‘…there was a lack of proper and adequate expertise, training and direct responsibility for matters of health and safety. The personnel, the time, the resources and the will were all lacking to address the reoccurring problems of people working unsafely at height as necessary.

Disregard for basic safety measures were left unchallenged. No one took ownership of the issue. In such an atmosphere, not only the inexperienced and the vulnerable, but the experienced like Mr Samuel, can become sloppy and complacent. It was against that background and in that culture that the accident happened.

This culture was allowed to continue without proper managerial intervention and for that reason Mr Febrey, as the managing director, must bear a portion of direct responsibility. There was a void in the company’s organisation, which Mr Febrey must have recognised, but did not rectify.’”

Inspector Orrells added:

“Carillion Ltd. had a duty to plan, manage and monitor the work. Febrey’s failing were all too apparent, moreover Carillion were aware of it.

Judge Thomas said: ‘Ultimately, what they did not do was stop it – they did not do enough, they did not achieve the desired necessary result. Nagging and warning are one thing – positive, effective action is another.

Carillion should have taken robust steps to remedy a situation which they were perfectly aware of.’

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It has been reported by This is Kent that chaos was caused in Sevenoaks High Street (April 25) after a lorry struck scaffold erected over the pavement. The town centre was “brought to a standstill”.

Eyewitnesses report that the vehicle may have been trying to make the ‘hairpin’ turn from the High Street into London Road. One shopkeeper told TIK:

“We didn’t see it happen, we just heard a loud noise. Nobody has been hurt, which is the main thing. We’ve had to close and we’re sheltering in the back of the shop – the police have told us to stay away from the window in case the scaffolding comes down.”

The scaffolding was left standing and leaning over the road at a 15 degree angle. The lorry was beneath the scaffold and the emergency services were assessing ongoing safety of the structure.

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MJM Fitout was contracted to strip out a two-floor gym in Farringdon Road, central London as part of a renovation of the building. The work involved demolishing walls, removing redundant cabling, and stripping down ventilation ducting.

Westminster Magistrates’ Court heard the construction firm had contracted agency staff to do the work and all of them were foreign nationals. The site manager was rarely on the site and was not adequately monitoring the work.

He arranged for a tower scaffold to be delivered in pieces, which would be assembled by a scaffolding company. But he failed to communicate this plan to the agency workers and they subsequently built the scaffold themselves.
The workers erected the structure without looking at any instructions and were not trained for the task. They failed to install stabilisers to the scaffold and, once it was erected, they began using the platform to remove ventilation ducts from a roof above the squash court, which was located in the basement.

On 19 April 2011, one of the workers, who wishes to remain anonymous, cut a 4.5m strip of ducting and let it fall to the ground. As it fell, it struck the scaffold and caused it to overturn. The worker fell more than four metres to the ground and sustained two fractured vertebrae and broke five ribs. He has only recently been deemed fit to return to work.

The company reported the incident to the local council but it took more than six weeks for the authority to notify the HSE. When HSE inspector Keith Levart visited the site he found the work was complete.

During the subsequent investigation he learned that the project hadn’t been properly planned, or managed by the site manager, who continually left the workers unsupervised. The company had also failed to send any of its management to monitor the work.

Inspector Levart said: “The worker suffered painful injuries, which could have been avoided had the labour crew been properly managed and had their work on site been adequately monitored by MJM Fitout Ltd.

“The temporary staff had effectively been left to their own devices and were working in an unplanned and unsafe manner. It illustrates the clear need for companies to have practical arrangements in place to ensure that all personnel involved in and undertaking construction work understand what is expected of them, and are able to cooperate and communicate with one another.”

MJM Fitout appeared in court on 23 January and pleaded guilty to breaching reg. 22(1)(a) of the Construction (Design and Management) Regulations 2007. It was fined £8000 and ordered to pay £3500 in costs.

In mitigation, the company said it has subsequently replaced its senior management and the site manager has also left the company. It also said this was its first safety conviction and it regretted the incident.

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The two men had been fitting a new boiler flue to the roof of a home in Tiber Close, when the scaffolding tipped away from the building and smashed into the back garden below on Thursday afternoon (January 17).

Resident John Huxtable, who had taken the day off from his job as an animal warden for Tower Hamlets Council, said: “I was indoors when one of the men ran in wanting to know the door number because he’d dialled 999.

“I hadn’t actually heard the scaffolding collapse, but when I went into the back garden it was carnage. It’s not the normal thing you expect to see in your garden.

“One bloke had slipped off the roof as the scaffolding fell, but he was lucky because he just had a bruised ankle. It was actually his birthday, and some of the other men later joked he’d just had a big birthday bump.

“But a pole went in the shin of the man who’d been up on the scaffold – he had a round indent where the pole had been and he needed lots of stitches. When the ambulance came they were very concerned about his back too, but we later heard that was ok.”

The 54-yar-old rushed inside to grab dressings and bandaged the builder’s leg as best he could.

The worker, who is thought to be in his 50s, began shaking uncontrollably and John covered him with dust blankets to keep him warm before an ambulance arrived to take both builders to the Royal London Hospital in Whitechapel.

Fire crews and health and safety inspectors came to investigate the site, but the scaffolding was later re-erected and all the building work was finished by Friday.

June Morton, managing director of Old Ford Housing Association which is responsible for the property, said: “Thankfully, no-one was seriously hurt in this incident and no residents were affected.

“We take health and safety extremely seriously and have asked our contractor to carry out a full investigation which we will review carefully.”

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The Romanian national, who does not want to be named, fractured two vertebrae and broke five ribs in the fall at a building on Farringdon Road in Farringdon on 19 April 2011.

Westminster Magistrates' Court heard today (23 January) he was part of a crew of labourers working for Swanley-based MJM Fitout Ltd to remove ventilation ducting from a two-storey gym in the basement.

A scaffold tower was erected to support the work and was being used by the worker to access ducting from a ceiling above a squash court. However, it was knocked over as he worked at height and both he and the tower crashed to the floor below, a distance of some 4.5 metres.

An investigation by the Health and Safety Executive (HSE) identified that none of the temporary labourers was competent to erect a scaffold tower, and that it was constructed without adequate supervision.

A district judge was told the incident could have been prevented had the work been properly planned, managed and monitored by MJM Fitout.

The company, of Horizon House, Azalea Drive, Swanley, Kent, was fined £8,000 and ordered to pay £3,500 in costs after pleading guilty to a single breach of the Construction (Design and Management) Regulations 2007.

After the hearing HSE Inspector Keith Levart said:

"The worker suffered painful injuries that could have been avoided had the labour crew been properly managed, and had their work on site been adequately monitored by MJM Fitout Ltd.

"The temporary staff had effectively been left to their own devices and were working in an unplanned and unsafe manner. It illustrates the clear need for companies to have practical arrangements in place to ensure that all personnel involved in and undertaking construction work understand what is expected of them, and are able to co-operate and communicate with one another.

"Work at height from scaffolds poses clear risks, and should only ever be undertaken by competent personnel with the right equipment, knowledge and experience."

The latest HSE statistics reveal that 17 workers were killed and more than 3,000 others were seriously injured in falls from height in 2011/12. Further information on working safely at height can be found online at www.hse.gov.uk/falls

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Cardiff Magistrates' Court heard today (18 December) that Rimo Construction Ltd, of St Mellons, allowed unsafe work at height at a house in Rumney in June 2012.

An investigation by the Health and Safety Executive (HSE) found that employees were working from scaffolding around the property, and on the roof, without adequate protection to prevent them from falling.

Part of the scaffolding was removed on 28 June, but they continued working without guard rails until a HSE inspector visited the site the following day after a local resident raised concerns about safety.

Rimo Construction was immediately served with a Prohibition Notice preventing any further work on the scaffold or the roof of the property. However, on 30 June, the following day, neighbours on both sides of the property saw the men continuing to work in exactly the same way.

Adequate edge protection or other precautions should have been in place to prevent workers from falling and injuring themselves or others.

Rimo Construction Ltd, of Vaindre Road, St Mellons, Cardiff, was fined £2,000 and ordered to pay £1,000 in costs after pleading guilty to breaching Sections 2(1), 3(1) and 33(1)(g) of the Health and Safety at Work etc Act 1974.

After the hearing HSE Inspector Simon Breen said:

"The dangers of working at height without adequate edge protection are very clear, yet companies and individuals continue to take risks and cut corners.

"Rimo Construction was well aware of the precautions it should have been taking, particularly after being served with a Prohibition Notice to stop work on the scaffolds and on the roof. Yet less than 24 hours later the company ignored the risks and the terms of the notice.

"Whilst there were no injuries, the workers could have fallen from the scaffolding or roof into the grounds of the neighbouring houses on either side.

"I hope today's prosecution serves to remind all companies who expect employees to work at height of their legal duties to properly manage safety, and to provide the necessary protection required to safeguard them and others from falls."

Further information about working safely at height can be found on the HSE website at www.hse.gov.uk/falls

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A Fife construction firm has been fined for exposing workers to fall from height risk by using unsafe scaffolding.

Dangerous scaffolding was identified by inspectors from the Health and Safety Executive (HSE) during an unannounced visit to a site operated by G and G Contracts (Fife) Ltd in Kirk Street, Culross, Fife on 15 April 2010.

Dunfermline Sheriff Court heard today (13 December) that work to construct a single storey house extension had reached the stage where roof tiling, the installation of a skylight and other work to make it wind and watertight remained outstanding.

A scaffold was in the process of being constructed by workers employed by the company. It appeared incomplete when HSE Inspectors arrived and they quickly established that those involved in erecting it were not trained or competent to do so.

The scaffold was also being used by two workers from a plumbing and heating firm sub-contracted by G and G Contracts (Fife) Ltd to install lead flashing.

The HSE Inspectors ordered all work to stop and carried out a full inspection. This revealed a number of deficiencies with the scaffolding, including missing guard rails, bracings and toeboards; and no guarding on a working platform. The ledgers, used to hold the structure together, were also incorrectly placed and an access ladder was not properly secured and did not extend to a sufficient height.

The court was told that the scaffolding failed to provide the required standard of protection.

G and G Contracts (Fife) Ltd was fined £2,000 after pleading guilty to breaching Regulation 6(3) of The Work at Height Regulations 2005.

After sentencing, HSE inspector Mike Orr said:

"Falls from height are one of the main causes of fatalities and serious injuries in the workplace, and employers cannot afford to ignore the risks.

"Thankfully no-one was injured as a result of the deficiencies in the scaffolding at this site, which posed a clear danger to those who were required to use it in order to work at height.

"This case should serve as a warning to companies that HSE will not hesitate to take enforcement action when workers are unnecessarily put at risk."

In the 12 months to April 2012, 49 workers lost their lives on construction sites in the UK, with falls from height being the most common cause of fatal injuries.

Guidance on working safely at height can be found at: http://www.hse.gov.uk/construction/safetytopics/workingatheight.htm

Guidance for small businesses can also be found on HSE's website: http://www.hse.gov.uk/construction/areyou/builder.htm

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related 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. www.hse.gov.uk
2. In Scotland the Crown Office and Procurator Fiscal Service has sole responsibility for the raising of criminal proceedings for breaches of health and safety legislation.
3. 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.

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