Recent cases highlight continued work at height failings

Already in 2022, there have been a number of prosecutions brought against employers for failing to properly protect people against the risks of working from height.

In one such case, a school was fined after a teaching assistant fell through a fragile ceiling. The worker had been searching for a spare desk in the school hall loft. HSE investigators found the teaching assistant had fallen due to the loft space being only partially boarded. Todmorden Church of England Junior Infants School pleaded guilty to breaching the Work at Height Regulations 2005. It was fined £4,000 and ordered to pay £747 in costs. The HSE said that the school “failed to take suitable and sufficient measures to prevent events”.

In a second case, a housing company was heavily fined after an agency worker was seriously injured in a ladder fall. The worker had been removing beading to an external first floor window. An investigation by the HSE found the company had failed to properly plan, supervise and carry out the work at height. Thirteen Housing Group pleaded guilty to breaching the Work at Height Regulations. It was fined £50,000 and ordered to pay costs of £7,327. In an all too familiar comment, the HSE said “This incident could have been prevented had the company properly planned the work at height. This would have included the use of reasonably practicable measures such as mobile tower scaffolds”.

A jam and preserve manufacturer was also fined after a worker fell from a ladder. The worker was installing a security camera using an unsecured ladder. It slipped and the worker fell some 15 feet. Again, the HSE’s investigation discovered that the work at height had not been properly planned and alternative access equipment to allow safe working at height had not been considered. To compound matters, the worker had not received training in relation to work at height and the company had failed to effectively monitor its work at height practices, even though shortcomings in procedures had previously been identified. The Clarendon Food Company Limited pleaded guilty to breaching the Health and Safety at Work etc Act 1974 (HSWA). It was fined £40,000 and ordered to pay costs of £5,344. The HSE said: “Those in control of work at height have a responsibility to properly plan and supervise the work to ensure suitable equipment is selected. They also should provide the necessary information, instruction and training to workers”. It added: “This incident could have been avoided if it had been risk assessed, planned and suitable equipment selected”.

In yet another avoidable and tragic incident, a transport and haulage company worker was fatally injured after falling from the rear of a shipping container. The employee had been unloading goods from inside the container, which was on the back of a vehicle trailer. Although the company had various generic risk assessments and safe working method statements, the HSE’s investigation found it had not put in place controls to prevent or mitigate a fall from the rear of the container. It also failed to carry out a suitable or sufficient risk assessment for the specific work activity. JR Adams (Newcastle) Limited pleaded guilty to breaching the HSWA. It was fined £200,000 and ordered to pay costs of £15,322. The HSE said the death “could have very easily been avoided had the company recognised the risk of a fall from the container when unloading and put in place simple and easily available controls”.