Health and Safety Executive

Need for workers to consider elderly residents highlighted

A court case has highlighted the need for workers to be aware of the dangers to elderly people after an 81-year-old woman fell through an open hatch in her home.

The Health and Safety Executive (HSE) today warned companies undertaking central heating installations and those responsible for managing installation contracts of the serious consequences when safe systems of work are not adopted.

The call follows a serious incident in which an 81-year-old Stanley woman fell down an open hatch in the hallway floor left unguarded by the central heating installation contractor.

British Gas Services Ltd, Maidenhead Road, Windsor were fined £2000 and ordered to pay a compensation fee of £2700 to the injured householder. Adrian Newth trading as Perthshire Oil Heating, 1 Forerow Cottage, Caputh was not fined but was ordered to pay £300 in compensation to the injured person. Both pled guilty at Perth Sheriff Court today (27 November 2008) to charges under section 3(1) of the Health and Safety at Work Act.

Mr Newth was installing an oil fired central heating system into the property. The installation was part of the Scottish Government Central Heating Programme and British Gas Services Ltd were contracted to manage the programme by Communities Scotland who took on this role in October 2006.

Mr Newth opened a hatch in the floor of the hallway during discussion about the installation with two electricians. The hatch was left open, unguarded and unprotected except for the closed living room door while Mr Newth and the electricians proceeded to carry out work in other areas of the property. 

The woman walked into the hallway to gain access to her front door and fell into the open hatch. She sustained major injuries to her right upper arm and severe bruising and contusions to her back and legs.

HSE principal inspector Jim Skilling said: “This is one of four very serious incidents that my Inspectors have investigated in a 12-month period in the east of Scotland.

“All involved elderly women falling down hatches or holes left exposed and unprotected where a contractor carried out plumbing, heating or gas replacement work in their properties. It is not sensible or acceptable for contractors to assume that simply telling the occupant to remain in one room is sufficient.

“Contractors must take positive steps to prevent any incident by implementing  a safe system of work approach where all holes are covered or have barriers to ensure the safety of all persons whether occupants or visitors. This was a wholly preventable incident, which has greatly affected the householder, and it could very well have proved fatal.”

Help the Aged recently produced evidence to show that falls are the leading cause of death for over 75 year-olds.

Every year in Scotland, thousands of projects involving central heating installation and upgrading are carried out. This together with other small contracts inside elderly persons’ properties means there is considerable scope for this type of incident to happen again if contractors do not take positive action on every occasion.

Notes to news editors

  1. Section 3 (1) of the Health and Safety at Work Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."
  2. Two similar cases recently resulted in fines of £3,300 and £5,000 being imposed on two firms elsewhere in Scotland.

Public enquiries

Call HSE's InfoLine, Tel: 08701 545500,
or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.

Press enquiries (Journalists only)

Katy Jeffrey: 0131 244 9062
Out of hours: 020 7928 8382

HSE information and press releases can be accessed on the Internet: http://www.hse.gov.uk

Information on HSE in Scotland can be found at http://www.hse.gov.uk/scotland

Issued on behalf of HSE by COI News and PR Scotland


Quick links

Ask an expert 0845 345 0055

Health and Safety Executive
Caerphilly Business Park
Caerphilly CF83 3GG

Directgov - Business Link

Updated 27.04.09