law 51
Highlighting working at height dangers
Falls from height are the most common cause of workplace fatality
In 2008/2009 there were 35 fatalities, 4654 major injuries and a further 7065 injuries that caused the injured person to be out of work for over three days or more.
David Thompson, managing partner and head of regulatory law at Moore Blatch, said that companies need to be aware of their obligations or risk facing unlimited fines in the Crown Court. Directors or senior managers could be sent to prison if an accident results in a serious injury or death.
Thompson and his assistant, Amy Cameron, specialise in regulatory law, defending companies and individuals facing prosecution relating to health and safety, environmental, transport, corporate crime and professional misconduct.
They say that accidents involving falls from height are an important area for companies to consider but it is sometimes overlooked.
“Work at height regulations, as well as the Health and Safety at Work Act applies not only to companies undertaking such work but also to the companies which use sub-contractors for routine roof maintenance of its building,’’ said Thompson. “Companies are still expected to check a sub-contractor is competent and has assessed the risks involved.’’
In the recent case of Allied Domecq, a major drinks wholesaler, a sub-contractor fell six metres to his death after plunging through a fragile skylight because safety measures were neglected both by his employer and Allied Domecq, the owner of the building in which he was working.
The incident was investigated by the Health and Safety Executive
Advice from Moore Blatch suggests companies should consider the following when reviewing health and safety procedures:
• Internal procedures in relation to employees and sub-contractors must be documented and followed.
• Ensure internal risk assessments for work at height are monitored and kept under review.
David Thompson
(HSE), which prosecuted Richard Parker, of Folkestone, and Allied Domecq Spirits and Wine, for safety breaches.
“Both companies were fined but Allied Domecq received a heavy fine of £277,000 and in addition had to pay the costs of the HSE and its own. The case highlights the responsibility of both the company and the sub-contractor and the fact that regulations are widely known but not always followed and the HSE concluded that the death was entirely preventable,’’ said Cameron.
• Ensure you make enquiries as to the expertise of sub-contractors. Check they are competent and have considered and assessed the risks involved. Ensure they can provide specific risk assessments, health and safety policy and method statements.
• Provide all sub-contractors with details of any key areas for concern such as skylights, fragile materials and arrangements for access.
• Take advice from external health and safety consultants and ensure audits are conducted regularly.
Details: David Thompson 023-8071-8037
david.thompson@
mooreblatch.com www.mooreblatch.com
As a business director, if your company
faces a health and safety investigation, both you personally and your business could be prosecuted. It is critical you have expert representation from the outset. With our expertise, you can be sure of the best possible outcome.
David Thompson Managing Partner
Reassurance, respect and commitment. Expect more than just law from Moore Blatch.
Health & Safety and Environmental ...expect more
THE BUSINESS MAGAZINE – THAMES VALLEY – DECEMBER13/JANUARY14
T. 023 8071 8000
www.mooreblatch.com www.businessmag.co.uk
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