Health and Safety Executive reiterates message of the dangers of working at height - Fine for fatal fall is upheld by appeal court

E017:08 12 March 2008

The Health and Safety Executive (HSE) has reiterated its warning to companies that they must control the risks from falls in the workplace. This follows the Court of Appeal's decision today to turn down a company's appeal after they were fined £260,000 and ordered to pay £80,000 by Nottingham Crown Court in October 2007, after an employee died after he fell during construction work at Bilsthorpe.

F J Chalcroft (Construction) Ltd of Hamlin Way, The Narrows, Kings Lynn, Norfolk were ordered to pay these fines and costs after pleading guilty to breaching Section 2 (1) and 3 (1) of the Health and Safety at Work etc Act 1974. They then appealed against the decision.

The incident involved Daniel Askew, aged 22, from Capel Iwan, Pembrokeshire, who died when he fell ten metres after leaning on an unsecured handrail on the mezzanine area of a cold store under construction at the premises of Phil Hanley Ltd, on the Belle Eau Industrial Park, Bilsthorpe, Nottinghamshire in November 2003.

Speaking from outside the Royal Courts of Justice in London, HSE Head of Operations - Construction (Midlands), Rosi Edwards said: "The decision on whether to reduce fines and costs (or not) is a decision for the court, however we welcome today's decision as it serves as a strong reminder to the construction industry. This was a tragic accident which resulted in the death of young man with his life ahead of him, causing great grief to his family.

"Falls from height remain the most common kind of accident causing fatal injuries. Latest figures show that 23 workers died in the construction industry from a fall from height in 2006/07, with 987 employees suffering a major injury. Only last month HSE completed an inspection initiative targeting falls and trips in the refurbishment sector where inspectors focused particularly on prevention of falls and site good order. Over 1100 sites were visited nationally and nearly 400 enforcement notices served. In the East Midlands, work was stopped on 18 sites due to unacceptable safety standards which can, and do, put workers lives at risk."

"Companies involved in building, refurbishment or maintenance should ensure that the work is planned properly and sensible measures taken so that workers are not exposed to unnecessary risk.

Notes to editors

1. Section 2(1) of the Health and Safety at Work etc Act 1974 states, "It shall be the duty of every employer to ensure, so far as is reasonable practicable, the health, safety and welfare at work of all his employees."
2. Section 3(1) of the Health and Safety at Work etc 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"
3. Further information on the Construction Falls & Trips Inspection Initiative can be found at http://www.hse.gov.uk/construction/campaigns/fallstrips/index.htm
4. Further information on the Shattered Lives campaign can be found at http://www.hse.gov.uk/construction/shatteredlives.htm

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