HSE reiterates warnings about working at height after company fined for fatal fall

Date:

27 August 2009

Release No:

COI/SE/2708

The Health and Safety Executive (HSE) is urging companies to re-examine their working from height practices after a firm was fined for the death of an employee.

This warning comes after the HSE's successful prosecution today (27 August 2009) of EDF Energy Contracting Ltd at Chichester Crown Court. The company pleaded guilty to breaching regulations 4b and 4c of the Work at Height Regulations 2005 and was fined £160,000 and ordered to pay full costs of £24,594.98.

It relates to an incident on 2 August 2007 when employee James Gordon was dismantling a mobile tower scaffold in the sports hall of Worthing High School in West Sussex. The scaffolding had been used to carry out high-level maintenance to lighting and heating appliances within the sports hall. At the time, EDF Energy Contracting Ltd was contracted by West Sussex County Council.

The top working platform had been removed and Mr Gordon was on an intermediate platform when it appears that he stumbled. There were no handrails to save him and he fell more than five meters, suffering fatal head injuries.

Mr Gordon was 63 when he died and he was due to retire in two years time. He leaves behind a widow and a number of grandchildren.

HSE Inspector Russell Beckett said:

'It is important that all tower scaffolds are erected and dismantled correctly and that guard rails are fitted so as to prevent falls. All too often tower scaffolds are used incorrectly without the correct handrails. All working platforms must be provided with suitable edge protection. Guard rails should be at least 950mm high and an intermediate guard rail should be provided so that workers can't fall through any unprotected gaps'.

Notes to editors

1. Working at Height Regulations 2005, Regulation 4 states that every employer shall ensure that work at height is:
   a) properly planned;
   b) appropriately supervised; and
   c) carried out in a manner which is so far as is reasonably practicable safe
2. Further information and guidance about working at height can be found at: http://www.hse.gov.uk/falls/index.htm
3. Section 33 (1) (c) of the Health and Safety at Work etc Act 1974 states it is an offence for a person:
   to contravene any health and safety regulations . . . or any requirement or prohibition imposed under any such regulations (including any requirement or prohibition to which he is subject by virtue of the terms of or any condition or restriction attached to any licence, approval, exemption or other authority issued, given or granted under the regulations).
4. Section 33 (3) of the Health and Safety at Work etc Act 1974 states that a person guilty of [an offence under subsection (1) above not falling within subsection (1A), (2) or (2A) above], or of an offence under any of the existing statutory provisions, being an offence for which no other penalty is specified, shall be liable—
   (a) on summary conviction, to a fine not exceeding [the prescribed sum];
   (b) on conviction on indictment;
   (i) if the offence is one to which this sub-paragraph applies, to imprisonment
   for a term not exceeding two years, or a fine, or both;
   (ii) if the offence is not one to which the preceding sub-paragraph applies, to a fine.

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Issued on behalf of the Health and Safety Executive by COI News & PR (London & South East).