WORKING AT HEIGHT
ARE YOU LEGALLY RESPONSIBLE?
Adrian Rooney, Chair of the NASC Health and Safety Committee explores how employers can protect themselves from the possibility of prosecution when a contractor falls off scaffolding.
Most people answering the legal responsibility question correctly apportion liability to the contractor’s employer and the scaffolding contractor. However, many respondents completely overlook another party that could be held to blame; the principal contractor or developer.
Worryingly, many principal contractors and developers are themselves unaware of their legal responsibilities under Work at Height Regulations 2005 – and the financial penalties they face for breaching this legislation.
In April 2018, a principal contractor received an eight- month sentence suspended for two years and was ordered to pay £5,000 compensation and £2,000 in costs after a self-employed worker fell from height and suffered life- threatening injuries.
Leeds Crown Court heard how the operative fell approximately eight metres on to a paved floor, resulting in a traumatic brain injury, bruising, and damage to his left arm.
An investigation by the Health and Safety Executive (HSE) found that scaffolding erected on the site did not extend
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fully across the intended area of works and did not provide a protective area along the ledge where the operative was working. The principal contractor failed to ensure suitable and sufficient measures were in place to prevent persons falling a distance liable to cause personal injury.
“TO GAIN NASC MEMBERSHIP, THE CONTRACTOR MUST PROVE THEY ARE EXPERIENCED AND MEET ALL CURRENT HEALTH AND SAFETY LEGISLATION.”
This case demonstrates the need for developers and principal contractors using scaffolds on their projects to be fully responsible for managing this equipment. HSE regulations state that they should check that anyone they
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