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

Fulfilmentcrowd makes double senior hires Katie Shepherd L And Rachel Miller R

Fulfilmentcrowd makes double senior hires

19 Apr 2024

2

Forbes makes Manchester move Forbes Manchester

Forbes makes Manchester move

15 Apr 2024

3

Blackpool approves plans for pair of apartment complexes New South Promenade Apartments Visuals

Blackpool approves plans for pair of apartment complexes

12 Apr 2024

4

International building supplies firm to open new plant in Preston New Kerakoll Group Premises Visuals

International building supplies firm to open new plant in Preston

11 Apr 2024

5

Distinguished engineer takes senior role at Lancaster University Rebecca Lingwood

Distinguished engineer takes senior role at Lancaster University

11 Apr 2024

Hwc 2024 Email Signature 980x120
Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Health and Wellbeing Conference 2024
Hwc 2024 Social Media 1200px 1
Networking
23 Apr 2024

Health and Wellbeing Conference 2024

Crow Wood Hotel, Burnley , BB12 0RT

08:30 - 13:00

Help to Grow Management Course
HTG2.png.png
LBV Hub Seminars
15 Apr 2024 - 17 Jul 2024

Help to Grow Management Course

Preston Campus , Preston , PR1 2HE

09:30 - 14:00

The Pro Club
Untitled design (6).png.png
LBV Hub Networking
19 Apr 2024

The Pro Club

Fraser House, Lancaster, LA1 4XQ

09:30 - 12:30

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
19 Apr 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Business Networking in Preston- BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
19 Apr 2024

Business Networking in Preston- BNI Brunch

Samlesbury Preston Hotel, Preston New Road, Preston, PR5 0UL

09:30 - 11:00

St Catherine’s Corporate Skydive
Corporate SkyDive.jpg.jpg
LBV Hub Fundraisers
21 Apr 2024

St Catherine’s Corporate Skydive

Black Knights Parachute Centre, Lancaster, LA2 0YD

12:00 - 16:30

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
23 Apr 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

HR Complete Training Programme: Equality and Diversity
Picture1.png.png
LBV Hub Webinar
23 Apr 2024

HR Complete Training Programme: Equality and Diversity

Online (Zoom)

09:30 - 11:00

Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
23 Apr 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

Emergency First Aid at Work
Chamber Logo1.png.png
LBV Hub Seminars
23 Apr 2024

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

30 Minutes: Net Zero Introduction for Blackpool Businesses - Free online event
BU 2024 Events.jpg.jpg
LBV Hub Webinar
24 Apr 2024 - 24 Apr 2024

30 Minutes: Net Zero Introduction for Blackpool Businesses - Free online event

Online, Blackpool , FY4 1EW

10:00 - 10:30

Your Business Bootcamp Bitesize: "Roger That… The Importance of Asking Twice"
CBP-logo LBV.png.png
LBV Hub Webinar
24 Apr 2024 - 24 Apr 2024

Your Business Bootcamp Bitesize: "Roger That… The Importance of Asking Twice"

Online, Online, Online

08:00 - 09:30

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 Lbv115 Online Graphic
Subscribe now

Weekly news bulletin