£120,000 in fines for tower scaffold death

Prosecutions and Claims |
11.08.2008

Two firms have been fined a total of £120,000 after a refurbishment worker died falling from a tower scaffold that had a missing guard rail and was inappropriate for the job.

Darren Handley, an employee of Smethwick-based cladding and roofing firm Spanclad, was killed in October 2004 during recladding work at a Scottish Courage warehouse in Northampton. Westminster Building Co, based in Derby, was principal contractor for the project.

Handley was working on a tower scaffold that had been positioned on timber boards on a cement-sheeted canopy in the warehouse's loading bay.

There was no top rail on the scaffold and the tower had been placed at an angle on its weak base, which made it move. Handley fell from the scaffold and through the canopy to the concrete yard seven metres below. He suffered severe head injuries and was pronounced dead on arrival at Northampton General Hospital.

An HSE investigation found that as well as the problems with the scaffold itself, workers had to access it via fragile materials.

Spanclad admitted failing to take reasonable steps to ensure the safety of employees contrary to Section 2(1) of the Health and Safety at Work Act (HSW Act). On 8 August at Northampton Crown Court, the firm was fined £80,000 plus £10,000 costs.

Westminster Building pleaded guilty to breaching Section 3(1) of the HSW Act for failing to protect non-employees and was fined £40,000 with costs of £10,000.

HSE inspector Richard Lockwood said the incident could easily have been avoided if the two companies had properly planned the work.