A Liverpool-based scaffolding provider has been ordered to pay more than £30,000 after an investigation into the death of an employee revealed the firm had failed to construct safe scaffolding at a block of flats.

What happened?

In May 2021, the Health and Safety Executive (HSE) discovered significant problems with the scaffold's construction at the site in Merseyside, noting that the assembly instructions were not adhered to during installation. Instead of using a ladder, workers accessed the scaffold by climbing its own rungs.

Robert Duffy, a 45-year-old employee of AIM Access Ltd, fell from the scaffold and sustained fatal head injuries. The HSE investigated the death and discovered the failings. Although it decided to prosecute, it was based on the breaches rather than Mr Duffy's death.

At Wirral Magistrates’ Court last month, the company admitted contravening section 2(1) of the Health and Safety at Work Act. It was fined £30,800 and ordered to pay £5,040 in prosecution costs.

What did the HSE say?

'AIM Access Solutions failed to ensure the tower scaffold was constructed properly and did not provide a safe means of accessing the work platform, such as an appropriately designed internal ladder,' said HSE inspector Sam Eves after the hearing.

'Companies must adhere to HSE guidance to effectively plan, manage, and monitor similar construction activities to minimise risks to their employees.'

What can members learn from this case?

The workplace regulator has established guidelines for tower scaffolds, as many individuals are injured each year due to falls or tower collapses. These incidents are primarily caused by:

Defects in the erected scaffold, such as incorrect assembly or missing platform guardrails.

Erection and dismantling procedures, where the manufacturer, supplier, or hirer must provide an instruction manual detailing the assembly sequence, bracing requirements, and safe height limits for the tower. This information must be communicated to the person responsible for erecting the tower.

Source: IOSH Magazine

Comment: "This could have been avoided with the correct equipment for the task and a pre-use check before work is conducted. Do you ensure your staff conduct pre-use checks?"