Lethal ladders

JMPI, a Grimsby-based construction company, and TSL Hygienic, of Southampton, were fined a total of £13,000, plus £10,000 costs on 31 March 2005 at the Old Bailey, London. The prosecution, brought by the Health and Safety Executive (HSE), followed its investigation into the death of Mr Anthony Abbott, after an incident on 3 September 2001 during the installation of hygienic ‘white wall’ panels at a Dairy Crest site, Selinas Lane, Dagenham, Essex.

Mr Abbott, a panel installer in his forties, was employed by JMPI when he fell approximately 2.5 metres from a scaffold platform while trying to access a ladder.

TSL Hygienic was operating as the principal contractor to manage the finishing stages of ‘Project Larch’, a £15 million expansion of the production facilities at Dairy Crest, Dagenham. JMPI was contracted to install hygienic modular white wall panels. The final job was to install a locker room in the existing filling area of the Dairy.

TSL Hygienic arranged for the installation of a scaffold to enable the modular panels to be installed onto structural steelwork in the area. There were two working platforms to the scaffold – one at 2.54 metres above the floor and the other at 5.46 metres. Mr Abbott was working from the lower platform that was 1.2 metres wide; his employer was working on the platform above and the site manager was also working nearby.

‘No suitable hand-holds’

The platforms had been wrapped in polythene for reasons of good hygiene. Access to this lower platform was via a three-section extending aluminium ladder leant against the front edge, which was open, on one side. This left an unguarded gap of more than 0.8m between the front left hand side of the platform and the ladder, which was untied and projected only about 0.4m above the platform. The ladder was not secure and there were no suitable hand holds for a person climbing onto the ladder.

Around 9pm, Mr Abbott fell from the platform onto the concrete floor and died soon after from severe head injuries. The ladder was found to have been knocked sideways and was only resting on one foot. The most likely explanation is that Mr Abbott fell while attempting to climb down onto the ladder.

Speaking after the case, HSE investigating inspector Charles Linfoot, said: “Falls are the largest cause of accidental death in the construction industry and account for half of the fatalities. Ladders and stepladders contribute to this unnecessary toll of misery, yet the risks and precautions are well known. HSE has published clear guidance explaining that ladders used for access to working platforms should be secured from falling or slipping and extend to a height of a metre above any landing place where people will get on and off it, unless some other adequate handhold is available.

“Openings in working platforms should be kept as small as practicable, for example by positioning the access ladder sensibly or using guardrails. Sensible health and safety is about managing risks. If sufficient thought had been given to the siting and use of this ladder it is unlikely that this tragic incident would have happened.”

Both companies pleaded guilty to breaching Regulation 6(6) of the Construction (Health Safety and Welfare) Regulations 1996. In addition, TSL Hygienic pleaded guilty to a charge of breaching Regulation 6(1) of the Construction (Health Safety and Welfare) Regulations 1996.

TSL Hygienic was fined £5,000 and ordered to pay costs of £5,000, and JMPI was fined £8,000 and ordered to pay costs of £5,000 -these unusually low penalties took into account the financial position of both companies.

So where does the law stand? Regulation 6(1) of the Construction (Health, Safety and Welfare) Regulations 1996 requires reasonable practicable steps to be taken to prevent persons from falling. Regulation 6(6) of the Construction (Health, Safety and Welfare) Regulations 1996 requires that where the use of ladders can be justified it should comply with the provisions of schedule 5, which specifies that the top of a ladder should extend a sufficient height above a working level unless a suitable alternative handhold is provided and arrangements are made to prevent the ladder from slipping or falling.

Changing regulations

From April 6 2005 the Construction (Health, Safety and Welfare) regulations were replaced by provisions in The Work at Height Regulations 2005. For more information, visit www.hmso.gov.uk/si/si2005/20050735.htm. The HSE Press Release C008:05 of 17 March explains the changes. This can be downloaded at www.hse.gov.uk/press/2005/c05008.htm

Falls from height are the most common cause of fatal injury and the second most common cause of major injury to employees. Provisional data shows that 31 fatalities were as result of a fall from height during 2004/5. In 2003/04, 36 construction workers died (out of a total of 70 deaths in in the industry), and many thousands more suffered serious injury, as a result of a fall from height in the workplace.

As a result, HSC is currently consulting on the revised CDM Regulations and guidance. An electronic reply form and the full text of the draft Regulations and guidance can be downloaded from the HSE website at http://consultations.hse.gov.uk/consult.ti/conregs/consultationHome