07.04.2005

Contractors fined £23,000 for tower death

JMPI Ltd, a Grimsby based construction company, and, TSL Hygienic of Southampton, were fined a total of £13,000, plus £10,000 costs at the Old Bailey, London last week. 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 Ltd in Dagenham.

Abbot, a panel installer, in his 40’s, was employed by JMPI when he fell approximately 2.5 metres from the platform of a scaffold tower whilst trying to access a ladder.

TSL Hygienic Ltd, were operating as the principal contractor on a £15 million expansion of the Dairy Crest plant in Dagenham. JMPI Ltd were 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 Ltd 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 on the scaffold tower, one at 2.54 metres above the floor and the other at 5.46 metres. 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.

The platforms had been wrapped in polythene for reasons of good hygiene. Access to the lower platform was via a three-section extending aluminium ladder leant against the front edge of the platform. The ladder, was unsecured there were no suitable hand holds for a person climbing onto the ladder.
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 Abbot 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 were fined £5,000 and ordered to pay costs of £5,000.
JMPI Ltd were fined £8,000 and ordered to pay costs of £5,000.
The unusually low penalties took into account the financial position of both companies.

Vertikal Comment

This is the second case in less than three weeks of inappropriate ladder access to a scaffold, see firm fined £10,000..click here Both incidents could so easily have been avoided, either by using powered access or an aluminum tower with built in ladder frames or a purpose built inclined ladder that locks onto the tower. It is staggering how widely inappropriate access equipment is still used in the UK after all the efforts by the HSE and in spite of all the volume of regulation and red tape the government throw at this issue.
The industry needs to look very seriously at this issue and take a fresh approach if the number of accident are to fall. Accidents such as this are a disgrace!