A sub-contractor was fined after a worker was killed when he fell from a ladder during an inspection of a boiler.
Winchester Magistrates’ Court heard how third party contractor, David Wood, (62 at the time of the accident), of Hampshire was inspecting a boiler in the loft space of a private residence. The ladder had been incorrectly fitted which resulted in Mr Woods falling and suffering fatal injuries.
An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 19th March 2013, found that the sub-contractor Poitr Kowalczyk, who could not speak or read English and was not conversant with current British health and safety standards, was tasked with carrying out refurbishment and improvement works at the residence. This included fitting a propriety loft ladder. The ceiling, not being of a standard height was not compatible with either two or three section extendable ladders.
Piotr Kowalczyk chose to fit the longer three section ladder. However, due to the restricted loft space it was not possible to fit the retaining bar on the ladder. The retaining bar is a safety device that locks the ladder at a safe angle.
When Mr Wood was on the ladder, the omission of the retaining bar allowed the ladder to slide forward causing Mr Wood to fall backward to the floor below. This resulted in fatal head injuries
Piotr Kowalczyk, of Howard Road, Southampton, was sentenced to six months imprisonment, suspended for two years and ordered to pay costs of £12,404 after pleading guilty to offences under Section 3(2) of the Health and Safety at Work etc Act 1974.
Speaking after the hearing HSE inspector Frank Flannery said: “Falls from height are a major cause of fatalities and life-changing injuries and duty holders must take steps to prevent falls wherever possible.
This accident was wholly preventable had the task been suitable thought through and the work carried out in accordance with the manufacturer’s instructions.
I believe the sentence passed today indicates how serious the court has considered the offence, and this should send a message to all involved in this type of work, which includes property owners, letting agents and maintenance contractors that it is essential to use tradesmen competent in all tasks asked of them. Failure to do so could result in them being guilty of an offence themselves”.
For more information about ladder safety visit: http://www.hse.gov.uk/pubns/indg455.pdf
Notes to Editors:
- The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice, promoting training; new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
- More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
- HSE news releases are available at http://press.hse.gov.uk