HSE prosecutes scaffolders for injury to a pedestrian from a metal pole that fell

Date:

24 March 2009

Release No:

HSE/WM/586/2009

Scaffolding. Download image (98KB).

The Health and Safety Executive (HSE) is warning construction companies and property developers to ensure they operate safe systems when erecting scaffolding after a pole fell and gashed the leg of a lady pedestrian. HSE is also reminding them that they should segregate dangerous overhead activities from the public when working on scaffolding.

On 18th May, 2008 scaffolding was being erected on the pavement outside the front of Metro Public House on The Burges in Coventry City Centre. The pavement had not been closed or restricted and pedestrians were passing-by.

Two qualified scaffolders were working approximately 15ft (5 metres) above ground and one had momentarily leant a short pole against a guardrail. As he turned away, the steel pole, weighing several pounds, fell onto a passing member of the public injuring her with a significant gash to her leg, requiring hospital treatment.

One of the workmen, working on the pavement to pass materials and poles up to colleagues, had been tasked with asking pedestrians to wait during movement of materials or when materials were being handled overhead but this was not an easy job for one person, as people were passing in both directions. He did not see this particular lady approaching and did not ask her to stop.

Sky Scaffolding (Midlands) Ltd of Budbrooke Road Industrial Estate, Warwick, was fined a total of £4,000 and ordered to pay costs of £1,761 at Coventry Magistrates' Court, on Tuesday 24th March 2009, after pleading guilty to breaching both Regulation 10(2) of the Work at Height Regulations 2005 and Regulation 3[1](b) of the Management of Health and Safety at Work Regulations 1999.

The company had been charged with not taking suitable and sufficient steps to prevent any person being struck by any falling material or object liable to cause personal injury. They were also charged with not conducting a suitable and sufficient risk assessment.

The company had started work at 07.30 which they thought would avoid the busier times of pedestrian traffic but work was still underway at 09.20 when the incident occurred. The scaffolders had just decided to stop the work because pedestrian traffic was too busy and the accident occurred while they were securing materials on the upper level of the scaffolding to make it structurally safe to leave.

HSE Inspector Carol Southerd said:

"The work being undertaken that morning, on the pavement, placed pedestrians and workers at risk because the company had failed to take more-robust steps to ensure that the system of work was effective to protect the public from simple human error such as dropped materials or tools during scaffolding erection.

"All employers have a responsibility to ensure that safe working practices are in place, because failure to do so could well cost lives, as well as enforcement action from HSE. The injured lady was immobilised for several weeks and still suffers from anxiety but it could have been so much worse if the pole had struck her head or body."

Notes to editors

1. Work at Height Regulations can be viewed at: http://www.legislation.gov.uk/uksi/2005/735/contents/made
2. Regulation 10 of the Work at Height Regulations 2005 states that:
   1. Every employer shall, where necessary to prevent injury to any person, take suitable and sufficient steps to prevent, so far as is reasonably practicable, the fall of any material or object.
   2. Where it is not reasonably practicable to comply with the requirements of paragraph (1), every employer shall take suitable and sufficient steps to prevent any person being struck by any falling material or object which is liable to cause personal injury.
3. Regulation 3(1) of the Management of Health and Safety at Work regulations 1999 states: Every employer shall make a suitable and sufficient assessment of
   1. the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
   2. the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking.
4. The maximum penalty, in a lower court (Magistrates'), for a single breach of either regulation, for any offences committed after 16th January,2009, is a fine not exceeding £20,000 or up to 1 year imprisonment.

   Cases heard in the higher (Crown) court, for offences committed after 16th January, 2009, carry an unlimited fine or up to 2 years imprisonment.

5. Information about construction safety and working at height can be found at the HSE website at: http://www.hse.gov.uk/construction/index.htm and http://www.hse.gov.uk/falls/guidance.htm

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the Health and Safety Executive by COI News and PR West Midlands.