HSE/NW/119/07 29 November 2007

Ensure edge protection is adequate before working at height, warns HSE

The Health and Safety Executive (HSE) today warned employers that they must ensure proper edge protection is in place when working at height. This follows HSE’s prosecution of Liverpool company, Copelare Ltd, after an employee was injured when he fell from a roof.

Copelare Limited of Derby Buildings, Wavertree Road, Liverpool was fined £5,000 and ordered to pay costs of £6,783 after pleading guilty at Bootle Magistrates’ Court to a breach of Section 3(1) of the Health and Safety at Work etc Act 1974.

On 13 October 2004, Darren Lawler, a roofing sub-contractor from Leyland, Lancashire was working at a construction site in School Lane, Knowsley when he slipped and fell from the roof. He narrowly missed a spiked fence, some piles of bricks and landed on a trestle at the bottom of the building. Mr Lawler sustained serious head and facial injuries. 

HSE inspector Wayne Crumpton said:

“Copelare, as principal contractor was responsible for the management of the site.   Whilst Copelare did not fit the edge protection, it did appoint the sub-contractors but failed to ensure that they erected satisfactory edge protection that would have prevented Mr. Lawler from falling.

 “A barrier should have been constructed around the perimeter of the roof. The barrier should have been fastened securely to the structure so that there were no gaps between the barrier and the roof edge through which a person could fall, which is what happened in this case.   

“Copelare should have ensured a permanent management presence on site for controlled access. They should have followed their own health and safety plan and reviewed all risk assessments and method statements in advance of work starting and agreed safe systems of work with individual contractors.

“The company should have inspected the edge protection before anyone was allowed on the roof and should have engaged a person who was competent to do so and required him or her to record their observations.   Such inspections would have revealed the sub-standard edge protection and enabled remedial action to be taken before roof work commenced”

Notes to editors

1. Section 3 (1) of the Health and Safety at Work etc. Act 1974 places a duty upon every employer to conduct its undertaking in such a way to ensure so far as is reasonably practicable that persons not in its employment who may be affected thereby are not exposed to risks to their health or safety.
2. The maximum penalty for a breach of Section 3 (1) Health & Safety at Work etc. Act 1974 is a fine of £20,000 in a Magistrates’ Court or an unlimited fine if referred to the Crown Court.
3. More information on falls from height can be found at HSE’s website at http://www.hse.gov.uk/falls/index.htm

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Clive Naish, Regional Information Officer
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Issued on behalf of HSE by Government News Network North West