Two firms share £200k penalty for dangerous scaffold
On 11th July 2013, scaffolding at a construction project at a cider factory was found to be in an unsafe condition following a fatal incident.
Universal Beverages Ltd had appointed itself as principal contractor for the installation of a set of fermentation tanks at its premises in Ledbury, Herefordshire. It sub-contracted Central Roofing and Building Services Ltd, trading as Erect-A-Scaffold, to build and maintain scaffolding at the site. On 1 October 2009, Gordon Docherty, 51, was working on the scaffold when he fell three metres to the ground and died. There were no witnesses to the incident.
The HSE visited the scene the same day and, although it concluded his death was not directly caused by the faulty structure, it nevertheless identified significant issues with the scaffold. These included missing handrails and toe boards, trip hazards, and gaps in the lifts, which were big enough for workers to fall through.
The investigation found that Central Roofing and Building Services did not inspect the scaffold frequently enough and, on more than one occasion, sent an inexperienced and unqualified employee to carry out the inspection. Universal Beverages, meanwhile, failed to ensure the sub-contractor fulfilled its obligation in this regard.
The HSE issued a Prohibition Notice to Universal Beverages, which prevented further work until the scaffold was made safe. HSE inspector Paul Humphries said: "As the principal contractor on this building project, Universal Beverages was responsible for ensuring that the scaffolding was checked every seven days to ensure it was safe and that workers were not exposed to risk.
"As the sub-contractor on the site, Central Roofing and Building Services was responsible for ensuring the inspection was carried out weekly by a competent person, which it failed to do. "
Universal Beverages was found guilty of breaching s3(1) of the HSWA following a week-long trial at Worcester Crown Court. The hearing on 8 July saw the firm fined £85,000 and ordered to pay £50,000 in costs. Central Roofing and Building Services pleaded guilty to the same offence and was fined £50,000, plus £18,000 in costs.
In mitigation, Universal said it would never again appoint itself as principal contractor for construction work again. It added that it had a previously exemplary health and safety record.
Central Roofing admitted it was an oversight on its part to allow an untrained member of staff to inspect the scaffolding. It has subsequently provided training for all staff who inspect scaffolds. It had no previous convictions and entered an early guilty plea.