A father-of-three was left paralysed from the chest down after falling through a ceiling at a house renovation in Derbyshire.

Chesterfield builder Andrew Clifford remained lying face down on the floor for around six hours before he was found by a delivery driver. He judged the time by hearing hourly news bulletins from his radio.

Andrew had been working alone installing first-floor joists during the construction of a house on Main Road in Dronfield. The 51-year-old was carrying out the work on behalf of Paul Freeman Limited – a Mansfield-based company he had worked with for around 20 years.

The Health and Safety Executive (HSE) has prosecuted the company for failing to properly plan work at height.

On the morning of 31 October 2022 Mr Clifford slipped and fell from the first floor to the ground below and was left unable to move.

He spent nearly five months in hospital, with the injuries to his spinal cord so serious they left him paralysed from the chest down, with only limited movement in his hands and arms.

Speaking about the day that changed his and his family’s lives forever, Mr Clifford said: “The first thing I recall after my fall was landing on my head.

“From that point it was a very strange feeling as from when I landed, I felt no pain and I couldn’t understand why or that I couldn’t get up.

“My radio was on and I judged the time by the news. After an hour, I tried to move again and this carried on for around three hours. Eventually, I realised this was serious and I thought I’d better stay still as I didn’t want to cause further injuries.

“This wasn’t the type of street where people were walking past and as it started to get dark I was getting really worried.

“When I was found by the delivery driver I heard him shout out, ‘hello, hello, hello’.

“I think I fell between 9am and 9.30 and wasn’t found until 3pm.”

He went on to say how being a builder was a job he loved and described the impact the incident has had on his everyday life.

“I can’t do anything I used to love doing before,” he said.

“Simple things like doing the gardening, washing the car and jobs around the house.

“I can’t even wash or dress myself now.

“I haven’t been upstairs in my house since the accident – my wife and three daughters all sleep upstairs and I sleep alone downstairs.

“Another thing that really upsets me is the thought of not being able to walk my daughters down the aisle when they get married.”

An investigation by the Health and Safety Executive (HSE) found that Paul Freeman Limited failed to ensure that work at height had been properly planned and, as such, no measures had been implemented to prevent falls during the construction of the first floor. Mr Clifford had not been provided with suitable instruction as to how the work should be carried out and was therefore left to work this out on his own.

Working at height remains one of the leading causes of death in the construction industry and HSE has detailed published guidance on minimising the risks associated with it.

Paul Freeman Ltd of Synergy House,  Acorn Business Park, Commercial Gate, Mansfield, Nottinghamshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 at Derby Magistrates’ Court on 4 November 2024. They were fined £40,000 and ordered to pay costs of £6,263.

HSE inspector Sara Andrews said: “My thoughts remain with Andrew and his family, whose lives have changed dramatically as a result of this preventable incident.

“This case highlights the importance of undertaking a thorough assessment of the risks for all work at height activities and the need to ensure that, where work at height cannot be avoided, suitable control measures are implemented to minimise the risk of serious injury.

“This is even more significant when lone working.”

This prosecution was brought by HSE enforcement lawyer Neenu Bains and paralegal officer Rebecca Forman.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

A carpentry contractor has been fined after a 22-year-old man died after he was struck by construction equipment on a building site.

On 30 October 2019, Niall McCormack from Kettering, Northamptonshire had been working for KM Carpentry Contractors Limited installing roof trusses at a new build site at Alconbury Weald, Cambridgeshire.

Both the truss packs and party wall spandrel panel had been lifted by crane onto a pair of semi-detached properties the day before the incident – temporarily supported by timber restraints.

Mr McCormack was working with another carpenter to remove trusses from the pack, to then spread and install across the building. As the two carpenters were in the process of spreading, the wind caught a spandrel panel, pushing it against the remaining trusses in the pack. Both the truss pack and spandrel panel fell into the work area. Niall McCormack was struck by the falling material and suffered a fatal head injury.

An investigation by The Health and Safety Executive (HSE) found that KM Carpentry Contractors Limited had failed to identify the risk of wind loading, and the effect this could have on the stability of the spandrel panel prior to being secured in place. The method statement for the installation of the spandrel panels included lifting and placing them on the roof only after the roof trusses had been installed and permanently secured. This could not be followed as they had both been placed on the roof at the same time as the roof trusses the day before.

HSE has guidance on the roles and responsibilities for contractors who directly employ or engage construction workers or manage construction work.

At Cambridge Magistrates’ Court on 25 April 2024, KM Carpentry Contractors Limited, of High Street, Higham Ferrers pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc Act.

The Company was fined £8,000 and ordered to pay £6,974 in costs.

A family statement said: “The whole family has been badly affected by Niall’s loss. One of his friends is going to Australia and we can’t help thinking Niall should be here and going with him.

“Niall has lost the ability to grow up and have children of his own. He won’t be getting married and all the things you do as families. He’s missed out on so much, for what, going to work. No one should go to work and not come back.”

After the hearing, HSE Inspector Jenny Morris said: “Our thoughts are with Niall’s family, a 22-year-old who was just setting out on his career in the construction industry.

“This case highlights the importance of identifying the risks associated with a work activity and ensuring a safe system of work is devised and then followed.”

The prosecution was brought by HSE enforcement lawyer Samantha Wells and paralegal officer Lucy Gallagher.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

Director of Building Safety for HSE, Philip White, has today written to the Building Control industry outlining new transitional arrangements for the registration of building control inspectors in England.

The Building Safety Regulator has listened to the concerns raised by the profession, including the potential impact on the construction industry if there are not enough inspectors registered to practice by the legal deadline.

It is crucial these concerns are balanced with the requirement for BSR to implement the Building Safety Act, 2022 and the need to raise standards in the profession; it is also important to remember that these changes were introduced in the wake of the Grenfell Tower tragedy.

A competence assessment extension period of 13 weeks will be introduced from 6 April to 6 July 2024 to enable those who meet specific criteria to continue to operate. This is not an opportunity to delay completing registration as an RBI and there will be no extension to these arrangements.

BSR has seen a positive response to the changes among the profession and it is encouraging to see a large number of people already engaging with the process. As of today (14 March) 3,261 professionals have started their applications to register.

In line with BSR’s enforcement policy statement and the principles of proportionate regulation, BSR will target its regulatory activity at those who present the greatest risk, particularly those who are not engaging with the new regulatory regime.

Open letter to Building Control professionals – March 24

Letter from the Director of Building Safety to industry:

Dear colleague,

As you will be aware, a number of concerns have been expressed by the building control profession about whether enough building control professionals will be registered as RBIs by 6 April.

I understand those concerns and have been working with colleagues in BSR and across government to consider what we can do to support the profession. To that end, the decision has been taken to implement a competence assessment extension period for those meeting set criteria. 

Professionals who are not registered by 6 April will not benefit from the extension period and will not be able to continue to work on regulated building control activities. 

Experienced building control professionals who are not trainees but have not yet completed a competence assessment will have the scope of their registration temporarily extended provided they meet the following criteria: 

Temporary Class 1 Registration Extension Criteria:

• They are an existing building control professional;
• They are registered as a Class 1 RBI by 6 April 2024; 
• They are enrolled in, and in the process of having their competency assessed through, one of the BSR approved competency assessment schemes by 6 April 2024. These are: cbuilde.com, www.thebscf.org, www.ttd-education.org; and
• A scheme provider has not told them that they have not passed their competency assessment for a second time

Those who meet the above criteria will be allowed a period of 13 weeks from 6 April 2024 to 6 July 2024 to complete their competency assessment and upgrade their registration to Class 2 or 3 (and 4, if applicable).

During this period, the scope of their registration will be temporarily extended, and they can continue to undertake building control work for the class of RBI for which they are undertaking a competency assessment. 

Those who meet the criteria but do not successfully complete a competency assessment and upgrade their registration class by 6 July will not be able to continue to undertake regulated building control activities.  

More detail on the transitional arrangements can be found here: https://www.hse.gov.uk/building-safety/building-control/codes-standards.htm 

This must not be seen as an opportunity to delay – there will be no extension to these arrangements. From 6 July 2024 any professionals who have not completed a competency assessment and upgraded their registration class will only be able to undertake work under supervision. 

We expect employers to support staff going through the assessment process by ensuring they have time to complete the assessment process and providing assistance and support to help them to succeed.

I encourage everyone who has not yet done so to register with BSR and enrol with one of the competency assessment schemes as soon as possible.

Philip White

Director of Building Safety, HSE

Notes to editors:

• Plans for regulation of the Building Control profession were introduced in the Building Safety Act 2022. BSR has worked closely with representative bodies from the profession over a considerable period of time to prepare for implementation of the new requirements.
• The standards required to demonstrate competence have been regularly communicated to the profession. The Building Inspector Competence Framework (BICoF) went through a full public consultation between October and December 2022 and was published in April 2023.
• To continue to carry out building control restricted activity between 6th April 2024 and 6 July 2024, people who are already working as building control professionals but have not yet demonstrated their competence, must register as a Class 1 Registered Building Inspector, and have signed up with a competence assessment scheme.
• Registered Building Inspector’s competence requirements are set out in the BICoF. The class of registration required to be achieved will depend on the complexity and risk of the building work being controlled. Inspectors must select a class of registration appropriate to their work and demonstrate their competence through an independent competence assessment scheme. There are 4 Classes of building inspector registration. Class 1, 2, 3 & 4.
• All Registered Building Inspectors sign up to the Code of Conduct and are accountable to the Regulator. The Code of Conduct also places a responsibility on registered building inspectors not to act beyond their individual competence.
• BSR will focus regulatory activity on building control bodies and inspectors who have not registered and who are not engaging with the regime.

A North Yorkshire construction company has been fined after a worker was struck on the head and killed by a 16-ton excavator.

On 13 January 2021, Dean Myers, an employee of HACS Construction Ltd, was undertaking groundwork activities in a partially excavated trench at a site in Ripon, North Yorkshire.

During the works, the 56-year-old was struck on the head by the moving bucket of the excavator suffering catastrophic injuries to his face and head. He was pronounced dead at the scene by the ambulance service.

The groundworks team had been preparing the trench for the laying of new drainage. Mr Myers had moved to the foot of an existing manhole directly adjacent to the trench when the excavator was reported to have met resistance whilst digging.

With nothing in place to prevent his entry into the danger zone of the excavator, Mr Myers exited the manhole via a makeshift opening to investigate. However, the excavator driver and other workers were not in a position to see that he had entered the danger zone. Here the excavator bucket then swung into him with fatal consequences.

The Health and Safety Executive (HSE) has guidance on excavator industry safety. The precautions needed include considering clearance, visibility and the bucket attachment.

HSE’s investigation found that HACS Construction Limited had failed to identify or assess the risk arising from using the existing manhole chamber as an improvised refuge. This meant the company failed to implement a system whereby workers were prevented from entering the dangerous working zone of the excavator while the machine was being operated by a driver with limited sight. There was also inadequate supervision on site, alongside a failure to carry out monitoring visits which would have identified crucial safety failings.

At Leeds Magistrates’ Court on 24 January HACS Construction Limited of Station Yard, Ripley, North Yorkshire pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company was fined £330,500 and ordered to pay £9,141.80 costs.

After the hearing, HSE inspector Ben Caines said: “This tragic incident could so easily have been avoided had HACS Construction Limited simply ensured that adequate control measures and safe working practices were identified and followed.

“The company should have put in place measures including the use of trained plant marshals for high-risk activities, such as the work Mr Myers was undertaking. Such measures are widely recognised and used across the construction industry as well as being advised within HSE and industry guidance.”

This HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski.

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.

A builder has avoided an immediate spell behind bars after being convicted of carrying out gas work at a property in Berkshire when he was not qualified to do so.

Thomas Murray, who traded as Kerbgold Design and Construction Ltd, was given an eight-month prison sentence which was suspended for 18 months.

Reading Crown Court heard how Murray had been contracted to manage a large-scale renovation and extension of a property in Maidenhead in July 2018. The project involved significant gas work, including the installation of a gas boiler, relocation of a gas meter and the installation of associated pipework for both.

Further information and guidance on domestic gas health and safety is available.

However, the project over ran and the householders had to return to the property in January 2019, where they soon reported the smell of gas. Murray carried out a test which detected no gas leak.

As their concerns persisted, the homeowners contacted a Gas Safe Registered engineer to inspect the installation. The engineer found a gas leak and other faults within the installation. In addition, Cadent Gas, the gas supplier to the property, had never been notified about the relocation of the meter and pipework. The pipework leading to the meter was found to have been laid to incorrect depth and fittings suitable only for water pipework had been found to have been used throughout the installation.

An investigation by the Health and Safety Executive (HSE) found that although Murray arranged for a Gas Safe engineer to install the boiler, they had only connected the water plumbing and left the property due to concerns being raised. In a bid to allow the homeowners to access hot water and heating, Murray decided to undertake some of the gas work himself as a temporary fix.

Murray, of Heath End Road, Flackwell Heath, Buckinghamshire, pleaded guilty to breaching section 3(2) of the Health Safety at Work Act 1974 and was sentenced to eight months in prison, suspended for 18 months. He was also ordered to complete 250 hours unpaid work.

Speaking after the hearing, HSE inspector Karen Morris said: “In this case, Mr Murray was responsible for overseeing the gas work, which was not finished and had left householders and their neighbours at risk from the dangers and effects of leaking gas.

“To make matters worse, he decided to try and finish the job himself, despite not being competent to do so.

“His failures could have led to catastrophic and tragic consequences.

“We will not hesitate to prosecute builders who fail to ensure that gas work under their control is conducted safely using Gas Safe Registered engineers.”

Gas engineers and consumers can contact the Gas Safe Register in any of these ways:

• Gas Safe Register
• Phone – Consumers: 0800 408 5500; Engineers: 0800 408 5577
• Email – enquiries@gassaferegister.co.uk

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. Further information on domestic gas health and safety is available.

A plant hire company has been fined for leaving workers at risk of a fall from height and failing to provide minimum welfare facilities.

Blackpool Magistrates’ Court heard how, on 17 November 2020, Ruttle Plant (Birmingham) Ltd was in the process of building a new aggregate recycling facility at their site at Common Bank Lane, Chorley. Part of the work included the provision of cladding to the roof, which was carried out using a cherry picker. However, as some areas of the roof were difficult to reach, employees had to step onto the roof where no edge protection had been provided, putting them at risk of a 30ft fall. In addition, workers had been on site for some considerable time without the minimum required welfare facilities being available. This included facilities for hand washing during the height of the Covid pandemic.

An investigation by the Health and Safety Executive (HSE) found that the workers had been left unsupervised by site management, there had been no method statement to follow when they climbed onto the roof and there were no preventative measures in place to prevent the risk of a fall from height. Workers were also expected to drive to the company’s head office along an unadopted roadway more than five minutes’ drive away to use the toilet, despite there being ample room on the site for facilities.

Ruttle Plant Hire (Birmingham) Ltd of Lancaster House, Ackhurst Road, Chorley, Lancashire pleaded guilty to breaches of Regulation 13(4)(c) of the Construction (Design and Management) Regulations 2015, and Regulation 4(1) of The Work at Height Regulations 2005. The company was fined £66,667 and ordered to pay costs of £1,847.

Speaking after the hearing, HSE inspector Christine McGlynn said: “Had a worker fallen off the roof edge, it could have been fatal. Employers should ensure that workers are not left to carry out high risk roof work without supervision.

“Work at height and roof work should only be carried out by trained workers, who are being robustly monitored, following proper planning, risk assessment and using suitable equipment. The minimum standards for welfare must also be met.”

Notes to Editors:
1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: Construction- Roof work industry health and safety 
3. HSE news releases are available at http://press.hse.gov.uk