The consequences of breaching 'work at height' regulations

By Harrison Drury

24 Apr 2013

The sentencing this month of a civil engineering firm and one of its directors following the death of an employee is a stark reminder of the need for businesses to guarantee the safety of those working from height.

Peter Halligan died when he fell 15 metres through an open manhole into an empty water storage tank at Sutton Hall Farm in August 2008. Peter and a colleague had been constructing brick manhole chambers above the 7.5 metre wide circular tank which had been installed to collect flood water.

A HSE investigation found they had not been given sufficient information or a risk assessment for the job, and were not given any advice about working above the storage tank by their employer.

Liverpool Crown Court heard how Peter Stuart, a director of Galt Civil Engineering Ltd, Mr Halligan’s employer, had visited the site the day before the accident and witnessed employees working over the exposed openings in the tank, but took no action to put safety measures in place.

Galt Civil Engineering Ltd, which is in administration, and Peter Stuart pleaded guilty to breaching the Health and Safety at Work etc Act 1974 by failing to ensure the safety of workers. Galt Civil Engineering Ltd, of Manchester Road in Wilmslow, received a nominal fine of £50 and was ordered to pay prosecution costs of £24,974. Peter Stuart, of Delph Lane in Chorley, was fined £30,000 with no costs.

David Edwards of Harrison Drury, said: "Falls from height are the biggest cause of workplace deaths in the construction industry and, as the HSE pointed out in the above case, there were several ways the work could have been carried out safely, such as using a harness, installing a guardrail around the opening, or providing temporary covers. However, none of these were provided.

"This case shows how health and safety when working at height doesn’t just affect work being carried out at the top of buildings. The Work at Height Regulations 2005 apply to all work at height where there is a risk of a fall to cause personal injury."

David added: "It is also worth noting the personal liability of up to £30,000 for breaches of the regulations and the threat of enforcement action against personal assets, such as residential property.

"The regulations place duties on employers, the self-employed, and any person who controls the work of others, such as facilities managers or building owners who may contract others to work at height. Simply put, while there are responsibilities from employee to employer, Regulation 6(3) stipulates that an employer must do all that is reasonably practicable to prevent anyone falling." Employers should ensure that they have all relevant risk assessments in place, particularly if working at height is an obvious issue, and also seek prompt legal advice as soon as possible whenever an investigation is instigated by the HSE.

Latest news

1

Solomon Commercials gets green light for £14m Kingsway expansion The headquarter view of Solomon Commercials

Solomon Commercials gets green light for £14m Kingsway expansion

06 Feb 2026

2

Guy’s administrators explore sale to James’ Places Guy's Thatched Hamlet (Pic Guy's Thatched Hamlet)

Guy’s administrators explore sale to James’ Places

06 Feb 2026

3

Former chief executive to put spotlight on mental health at Blackpool business event John Ainsworth

Former chief executive to put spotlight on mental health at Blackpool business event

06 Feb 2026

4

Green light for landmark regen project Regeneration of the 19th-century former Wheatsheaf Hotel and Pub on Whalley Road, Clitheroe

Green light for landmark regen project

05 Feb 2026

5

New operator for Winter Gardens The Winter Gardens

New operator for Winter Gardens

05 Feb 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Degree apprenticeship information sessions for businesses
student centre entrance.jfif.jpg
LBV Hub Webinar
10 Feb 2026 - 13 Feb 2026

Degree apprenticeship information sessions for businesses

University of Lancashire, Virtual event, -

10:00 - 09:30

E-commerce in 2026: From stores to systems
PTC banner Feb 26.jpg.jpg
LBV Hub Networking
10 Feb 2026 - 10 Feb 2026

E-commerce in 2026: From stores to systems

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

The Business Network Central and East Lancashire
LBV Header (29).png.png
LBV Hub Networking
11 Feb 2026 - 11 Feb 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

The Ultimate Network – February
Logo.jpg.jpg
LBV Hub Networking
19 Feb 2026 - 19 Feb 2026

The Ultimate Network – February

Brockholes Nature Reserve, Samlesbury, PR5 0AG

16:00 - 18:00

Future Forward Business and Skills Summit
Future Forward Business & Skills Summit
LBV Hub Networking
20 Feb 2026

Future Forward Business and Skills Summit

Lancashire Energy HQ , Blackpool, FY4 2QS

08:00 - 11:00

Armed Forces Covenant Business Engagement
Logo.jpg.jpg
LBV Hub Seminars
24 Feb 2026 - 24 Feb 2026

Armed Forces Covenant Business Engagement

Morecambe Football Club, Morecambe, LA4 4TB

09:00 - 15:00

Preston Freelancer Meet-Up: February
LBV Hub Networking
26 Feb 2026 - 26 Feb 2026

Preston Freelancer Meet-Up: February

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin