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Scaffolder prosecuted after decorator is injured in work accident (17 March 2014)

Date: 17/03/2014
Duncan Lewis, Legal News Solicitors, Scaffolder prosecuted after decorator is injured in work accident

A London scaffolding company has been prosecuted after a painter and decorator was injured when he fell through an unprotected ladder opening on scaffolding.

Self-employed painter and decorator David Currie, 48, from Lisson Grove in London was working on scaffolding at a block of flats in Hemel Hempstead when the accident happened on 6 November 2012.

Mr Currie fell through the unprotected ladder opening and suffered a fractured arm and dislocated shoulder as a result of the incident at Evans Wharf, Aspley Lock.

Beacon Scaffolding of Gloucester Road in Primrose Hill, north London had been sub-contracted to erect scaffolding around the four-storey block of flats to enable decorators to repaint the windows and exterior woodwork.

While erecting the scaffolding, Beacon’s workers were asked by painting and maintenance sub-contractors to increase the height of the first tier of scaffolding – which involved a new layout design.

The scaffolders continued to erect the scaffolding before the new design had been put in place, however.

Mr Currie lost his footing while working on the third tier of the scaffolding and fell through the opening where a ladder would be placed. The opening had been left without protected ladder traps or guardrails, which would prevent contractors from falling between the different levels of scaffolding.

Health and Safety Executive (HSE) inspectors also found that access ladders between each level on the scaffolding were too short and did not provide suitable handholds.

As a result, Mr Currie’s outstretched arm fell between ladder rungs and he plunged to the second tier of the scaffolding.

On Friday (14/03/14) at Watford Magistrates’ Court, Beacon Scaffolding pleaded guilty to one breach of the Construction (Design and Management) Regulations 2007.

Regulation 26(1) of the Construction (Design and Management) Regulations 2007 states:

“There shall so far as is reasonably practicable be suitable and sufficient safe access to and egress from every place of work and to and from every other place provided for the use of any person while at work, which access and egress shall be properly maintained.”

Beacon Scaffolding was fined £5,000 and ordered to pay £1,737 costs.

After the hearing, HSE Inspector Rauf Ahmed said that the incident had been “entirely preventable”.

“There are a number of well-known ways of arranging safe ladder access to prevent falls like this, and our investigation found no evidence of these being in use at the scene of the incident.

“In addition, if there are significant design changes to a scaffold, it is important the new designs are followed.

“This case highlights the importance of scaffolding companies arranging ladder access openings between scaffold levels in such a way to prevent falls – and provide ladders of a sufficient length to offer suitable handholds above landing places.

“Falls from height continue to be the largest cause of fatalities and serious injury,” Mr Ahmed added.

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