Painter fell from unsuitable ladder
Jun 21, 2010
A self-employed decorator was working as a painter for a decorating contractor which had been sub-contracted to carry out the decorating at a student village. He was painting the walls in a stairwell when he fell from a stepladder and suffered serious head injuries. There were no witnesses and, due to his injuries, the injured man can't remember the incident. He has been left with permanent brain damage and has been confined to life in a care home.
The company who employed the injured man as a sub-contractor appeared in court and pleaded guilty to breaching reg. 4(1) of the Work at Height Regulations 2005 for failing to adequately plan and supervise the work, and was fined £2000 and £1000 in costs. Both directors of the firm also pleaded guilty to the same charge and were each fined £1000 and £500 in costs.
The main contractor also appeared at the same hearing and pleaded guilty to breaching reg. 22 (1) of the Construction (Design and Management) Regulations 2007 for failing to properly plan and risk assess work at the site. It was fined £2000 and ordered to pay £1000 in costs.
The HSE's investigation found that both firms had allowed work to be carried out that was not adequately planned or supervised. It was also found that inappropriate equipment had been used. The ladder the injured man used, which was believed to have caused or contributed to his fall, was simply not suitable for the work he was doing. It was a domestic stepladder which should not have been allowed on the site. In that particular situation a tower scaffold would have been more appropriate.
In this instance, individual directors of a company were found guilty for not planning and supervising the work properly. This case sends a clear message to company directors about their responsibilities for health and safety.
Wilby Ltd can assist with risk assessments and also with work that falls under the Construction (Design and Management) Regulations 2007. Contact us on 01422 358 525 or submit an enquiry form for a free initial consultation
