West Lothian council fined after pensioner's fatal fall

Date:

25 January 2011

Release No:

SCO/005/11

An elderly lady died when she fell through an access hole in her hallway floor which had been left uncovered by council employees working on her property.

On 2 July 2009, Mrs Catherine Walker, 90, walked into the hallway of her house in Broompark View, East Calder, to go to her bathroom. She fell into an unguarded access hole and suffered major injuries from which she later died.

West Lothian Council employees were carrying out gas repair works as part of a programme to upgrade the central heating systems in all of the council's domestic properties. The work involved fitting new radiators, pipework, a boiler and electrical control systems. As the pipework runs under the floors, the floorboards were lifted in order to do the job.

West Lothian Council pleaded guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £80,000 yesterday, Monday 24 January, at Livingston Sheriff Court.

Following the case, Health and Safety Executive (HSE) Inspector Garry Stimpson said:

"This tragedy could have been avoided. The council employees should have covered the access hole or erected a barrier around it - this would have ensured the safety of Mrs Walker.

"Those working on central heating systems in a residential property must ensure that suitable and sufficient measures are taken to protect the residents.

"Every year thousands of projects involving central heating installation and upgrading are carried out across Scotland. Every time work is carried out contractors must take positive steps to prevent incidents - otherwise this type of incident will happen again."

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. http://www.hse.gov.uk/
2. In Scotland the Crown Office and Procurator Fiscal Service has sole responsibility for the raising of criminal proceedings for breaches of health and safety legislation.
3. 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."

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