Worker died after fall from a scaffolding access ladder

£53,000 fine after fatal fall from an insecure ladder

JF, a 56-year-old employee of Henderson and Aitken, fell from the top rungs of the ladder after it slipped sideways in Jute Street in the city in September 2016. The Aberdeen Sheriff Court heard that the platform had been erected by a colleague who was not a qualified or competent scaffolder. The ladder was tied, using a blue nylon cord, to the scaffold ledger at only the left stile. He had been told to do this by the company director who was aware he was unqualified. The director then allowed three people to access the structure. A specialist HSE inspector estimated the lateral movement of the ladder due to the lack of fixity was approximately 20cm. It is reported that JK hit his head on a low garden wall, and died from his injuries while being taken to hospital.
It is vitally important that those planning and arranging for such work give sufficient regard to the risks posed to workers and members of the public through their actions

The firm admitted failing to ensure scaffolding was erected by a competent person and that it was erected safely with sufficient protection to prevent a person falling, contrary to regulation 4 of Work at Height Regulations 2005. It also pleaded guilty to breaching s 33(1)(c) of the Health and Safety at Work Act in that it failed to ensure there was a safe means of access to and from the scaffolding platform. Solicitor Clare Bone, representing the firm, said the scaffolding had been erected by a staff member, rather than a qualified contractor, due to a misunderstanding of the law, rather than to save money.

The company (Henderson and Aitken), which employs fewer than ten people, was ordered to pay a fine of £53,000.

Speaking after the sentencing this week, HSE principal inspector Niall Miller said:

Falls from height remain one of the most common causes of work-related fatalities in this country and the risks associated with working at height are well known.

This tragic and preventable death highlights the need for those undertaking work at height to ensure that it is carried out safely, that industry guidance is followed and that the relevant regulations are complied with. It is vitally important that those planning and arranging for such work give sufficient regard to the risks posed to workers and members of the public through their actions.