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Director Handed Suspended Sentence Following Fatal Scaffolding Collapse


HSE Found That He Had Failed to Carry Out a Suitable Risk Assessment

Notice

Due to the age of this post some of the information maybe out of date.
Back in February 2017, two workers were dismantling scaffolding on Cricklewood Broadway in London when it collapsed. Following the collapse, one of the workers fell five metres onto the concrete below. He subsequently died a few weeks later from his injuries. Recently the scaffolding firms company director was handed a suspended jail term after an investigation by the Health and Safety Executive (HSE) found that he had failed to carry out a suitable risk assessment. The director had also failed to plan the work and provide a sufficient design for erection and dismantling of the scaffold prior to the job commencing. He was unaware of the measures which were required to be in place to do the job without putting people at risk. As a result, he did not follow the correct measures to ensure safe erection and dismantling of the scaffolding. The company pleaded guilty to breaching Regulation 3(3)(b) and 8(b)ii of the Work at Height Regulations 2005 and Section 33(1)(c) of the Health and Safety at Work Act 1974 and was ordered to pay costs of £8,940 on top of a £7,860 fine. The Director in question pleaded guilty to breaching Regulation 8(2)(ii) of the Work at Height Regulations 2005; Sections 33(1)(a) and 37(1) of the Health and Safety at Work Act 1974; and Section 33(2) and Schedule 3A to the Act [as amended by Section 1 of the Health and Safety (Offences) Act 2008]. He was handed a 12-week prison sentence suspended for a year and was fined £1000 on top of costs of £11,000. The HSE inspector Saf Deen said that “the case highlights the importance of following industry guidance to prevent risk to workers”. “The death could have been prevented had the employer acted to identify and manage the risks involved, and to put a safe system of work in place.”
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