Berkshire contractor prosecuted for guard rail failure

Date:

11 June 2012

Release No:

SE/112/12

A building firm has been prosecuted for safety failings after a decorator was seriously injured when he fell through a substandard guard rail at a housing development in Reading.

The guard rail through which Mr Williams fell

Phillip Williams, 63, from Reading, fractured his hip, broke five ribs, chipped a bone in his spine and was left with internal bleeding and clotting around his lungs as a result of the fall during the construction of a house at Wintringham Way on 30 August last year.

Reading Magistrates' Court heard (8 June) that he had been sub-contracted to work at the property by the main contractor W Pocock and Sons Limited, a local family-run business.

Mr Williams was walking towards a first floor light-well to talk to workers on the ground floor. As he leant in against a wooden guard rail it gave way and he fell approximately 2.6 metres to the ground floor below.

He was hospitalised for three weeks as a result of his injuries, and needed three months of recuperation before gradually returning to work.

The Health and Safety Executive (HSE) investigated and found the guard rail in the light well had been removed and replaced prior to the incident in order to pass materials from the ground floor to the first. This seemingly caused the fixings to deteriorate, therefore making the guard rail inadequate to prevent a person from falling - a direct failing on behalf of the contractor.

W Pocock and Sons, of New Lane Hill, Tilehurst, pleaded guilty to a single breach of the Work at Height Regulations 2005 in relation to the incident. The company was fined £5,000 and ordered to pay £2,706 in costs.

After the hearing, HSE inspector James Powell, said:

"Mr Williams sustained serious injuries as a result of his fall, which could easily have been avoided had the guard rail been adequately secured to ensure that it could not be displaced.

"It simply wasn't up to the job, possibly as a result of the rail being removed and replaced on more than one occasion, and the subsequent deterioration this caused to the quality of the fitting.

"A thorough inspection of the guard rail after re-installation would have identified any weakness and could have saved Mr Williams a great deal of trauma. It underlines the need to routinely inspect fall protection equipment used for work at height."

Further information on safe working at height can be found online at www.hse.gov.uk/falls

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. www.hse.gov.uk
2. Regulation 8(a) of the Work at Height Regulations 2005 states: "Every employer shall ensure that, in the case of (a) a guard-rail, toe-board, barrier or similar collective means of protection, Schedule 2 is complied with." Schedule 2 relates to the quality and installation of guard rails etc: www.legislation.gov.uk/uksi/2005/735/schedule/2

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