Firms Fined Following Workers Fall from Unguarded Scaffolding

Two firms have been prosecuted after a labourer suffered multiple injuries in a fall from unguarded scaffolding.

 

Stephen Keegan, 56, of Frome, Somerset, was a temporary employee of Julian Chard Carpentry Ltd, which had been sub-contracted by C J Deighton & Co Ltd to construct timber frames for some properties in Studley Green, Trowbridge, Wiltshire, in March 2012.

 

Chippenham Magistrates' Court heard today (14 May) that Mr Keegan was helping to build the frames when he fell some two metres from an unguarded section of scaffolding. He suffered a fractured knee, broken collarbone, fractured wrist and perforated ear drum.

 

A Health and Safety Executive (HSE) investigation found that Swindon-based C J Deighton & Co Ltd failed to properly plan and manage construction activities on site to ensure that work, including work at height, was carried out safely.

 

The company also failed to provide adequate, up-to-date information to site management, scaffolders and contractors. This led to a fixed scaffold being provided for workers that failed to take account of changes to plans for the building, resulting in a lack of internal edge protection around the porch area where Mr Keegan fell.

 

The court heard that although site management identified the problem with the scaffold, their only response was to fit a temporary and inadequate guard rail. They also allowed work to be carried out for a number of days despite knowing it was unsafe to do so.

 

HSE inspectors also found sub-contractor Julian Chard Carpentry Ltd failed to supervise the work or put adequate safety measures in place to protect anyone working at height on the timber frame construction.

 

C J Deighton & Co Ltd, of Old Station House, Station Approach, Newport Street, Swindon, Wiltshire, was fined a total of £15,000 and ordered to pay £3,122 in costs after being found guilty in their absence of breaching Regulation 22(1) of the Construction (Design and Management) Regulations 2007.

 

Julian Chard Carpentry Ltd, of Vallis House, Vallis Road, Frome, Somerset, was fined a total of £10,000 and ordered to pay £3,121 in costs after also being found guilty in their absence of breaching Regulation 6(3) of the Work at Height Regulations 2005.

 

CJ Deighton has gone in liquidation and Julian Chard Carpentry has now ceased trading.

 

After the hearing, HSE inspector Helena Tinton said:

 

"This was a serious incident which could easily have been prevented. There were significant failures by both C J Deighton and Julian Chard Carpentry. With proper planning and communication a suitable scaffold could have been provided. Monitoring and supervision on-site should have identified the unsafe work at height and work halted until the scaffold was corrected or measures put in place to mitigate a fall.

 

"Mr Keegan has undergone several operations since his fall and is unlikely to get full mobility in his shoulder, knee or wrist. This was only a temporary job for Mr Keegan and, as a self-employed painter and decorator, his injuries meant that he could not work at all for six months and they will severely hamper his future ability to work."