Scaffold firm and two personnel fined over fatal fall

Apex Scaffolding (Sussex) Ltd was contracted to install scaffolding around a house at Washington Avenue in St Leonards on Sea, which was being refurbished to install dormer windows in the roof.

On 10 August 2009, labourer Joseph Murphy, 31, was constructing the scaffold at the site. He was found lying on the ground with serious head injuries and was pronounced dead at the scene. There were no witnesses to the incident and it is unclear how far Mr Murphy had fallen.

The HSE’s investigation identified a number of defects with the scaffolding at the site, including missing handrails and incomplete platforms. Workers were also not wearing harnesses when working at height.

Inspectors established that the site supervisor, Leslie Hustwayte, was also negligent, as he hadn’t identified the unsafe working practices, or the defects with the scaffold.??

The HSE issued three Prohibition Notices to the company, which required work at the site to stop until a safe design was created for the scaffold, suitable edge protection was installed, and it could demonstrate that managers and supervisors were competent to be responsible for the project.

As part of the investigation, the HSE visited other sites managed by the company and identified other safety failings. As a result, charges were brought against company director Michael Walsh for failing to address the poor safety culture.

HSE inspector Melvyn Stancliffe said: “HSE and the scaffolding industry have worked together to produce easy-to-follow guidance to help contractors ensure their scaffolding is safe, so there is no excuse for compromising safety – as was clearly the case here.

“HSE takes firm action against individuals and contractors who ignore their health and safety obligations. It’s essential that contractors and contract managers equip themselves with the necessary information and guidance material and apply it every time a scaffold is built.”

Apex Scaffolding (Sussex) Ltd, Walsh and Hustwayte appeared at Hastings Magistrates’ Court on 25 May and each pleaded guilty to breaching reg.4(1) and reg.6(3) of the Work at Height Regulations 2005. Hustwayte also pleaded guilty to breaching reg.14(2) of the same legislation. The company was fined a total of £3000 and ordered to pay £5000 in costs. Walsh was fined £1500 plus £2500 in costs, while Hustwayte was fined £2000, with costs of £2500.

In mitigation, the court heard that neither of the individuals nor the company had any previous safety convictions. The company handed over the contract to another firm immediately after the incident, and it has subsequently ceased trading.