Press release

Fine for construction company after father of three left paralysed

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.

Builder avoids immediate prison sentence after failing to protect workers

A builder has been given a suspended prison sentence after he put the lives of workers at risk on a construction site in London.

David Beadle, trading as Beadle the Builders, failed to comply with a prohibition notice issued by the Health and Safety Executive (HSE) in relation to unsafe working at height at the site on Woodyates Road in South East London.

Falls from height remain the leading cause of death within the construction industry and HSE has published guidance about how these incidents can be avoided.

The scaffold was a potentially dangerous structure at risk of collapse and in breach of the HSE prohibition notice.

A proactive investigation by HSE found Beadle allowed workers under his control on at least three occasions to continue using a scaffold which was not properly constructed. It was a potentially dangerous structure at risk of collapse and in breach of the prohibition notice.

Sixty-three-year-old Beadle also failed to ensure that suitable and sufficient measures were in place to prevent workers falling a distance that would have caused personal injury. No edge protection had been installed to the side of the roof, the flat dormer roof, the front elevation of the roof, and safe access was not provided.

He was given a 26-week custodial sentence, suspended for 12 months and was told to complete 150 hours of unpaid work.

Beadle of Rochester Way, London, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulation 2005 and 33(1)(g) of the Health and Safety at Work etc. Act 1974.  He was also ordered to pay £6,043 in costs at the hearing at Bexley Magistrates Court on 7 August 2024.

HSE Inspector Emma Bitz said “We will not hesitate to take appropriate enforcement action against those who fail to do all that they can to keep workers safe.

“The risks from working at height are well known, as are the control measures required to reduce those risks.

“Falls from height remain the largest cause of workplace deaths in the construction industry.”

This prosecution was brought by HSE enforcement lawyer Chloe Ward and supported by HSE 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 can be found here.
  5. Guidance on working at height is available.

Man spared jail for carrying out unsafe work on his own home

A man has been given a suspended sentence after he carried out unsafe work on an extension to his own home in Manchester.

Abdul Rehman engaged operatives to help him build an extension to the property on Kings Crescent in Old Trafford – which was in addition to replacing the roof on the existing semi-detached house.

The Health and Safety Executive (HSE) served enforcement notices in relation to work being carried out from an unsafe scaffold at the property in August 2020. The scaffold was subsequently dismantled, and work put on hold.

However, in November 2021 the same inspector found that Mr Rehman was in control of and instructing operatives to re-roof his property. The work was being carried out without any form of fixed scaffolding or other equally effective measures to prevent the risk of a fall from height from the unprotected two storey roof.

A further prohibition notice was issued to prevent the unsafe work, but Mr Rehman continued to instruct, supervise and assist it. This went on for several weeks and included work during the hours of darkness and in breach of the prohibition notice while continuing to put the lives of the workers at risk.

A fixed safe scaffold could and should have been erected around the perimeter of the roof, but Mr Rehman chose to put cost cutting at the expense of safety to ensure the replacement roof to his property was completed. cost-cutting at the expense of safety.

An investigation by the Health and Safety Executive (HSE) found that Abdul Rehman, from Manchester, chose to ignore the issue of an enforcement notice and continue to instruct operatives to work on the roof without any form of fall protection under the hours of darkness.

He pleaded guilty to breaching regulations 4(1) and 6(3) of the Work at Height Regulations 2005, and section 33 1(g) of the Health and Safety at Work Act 1974. He was given a custodial sentence of 12 months, but this was suspended for 18 months. During that time he must also complete 180 hours of unpaid work. He must also pay £6,450 in costs at a hearing at Manchester Magistrates’ Court on 18 June 2024.

After the hearing, HSE inspector Phil Redman said: “This was a serious breach of the law, and it is fortunate nobody was seriously injured or killed as a result of Mr Rehman choosing to ignore the repeated requests of the inspector to provide a safe means for work from height.

“The case highlights the importance of following industry guidance by ensuring a suitable and sufficient safe scaffold was provided by a competent contractor.”

The prosecution was brought by HSE enforcement lawyers James Towey and Sam Crockett.

 

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. Guidance on scaffolding is available.

Company fined after employee sustains serious injuries in fall from height

A North-East manufacturer of artificial trees, plants and flowers has been sentenced after an employee suffered serious injuries when he fell from height.

Newcastle Magistrates’ Court heard how a warehouse operative was gathering products from shelf racking. The products were stored in boxes, unwrapped on pallets up to four bays high. Access to the racking was gained by using a ladder and then either dropping the items or carrying them down to the ground. During this work, the operative slipped from the ladder and fell approximately five metres, striking his head on a pallet as he fell and sustaining a head injury.

An investigation by the Health and Safety Executive (HSE) found that Treelocate (Europe) Limited had failed to properly plan the work and had failed to ensure there was safe access to the area and that measures were taken to prevent and/or mitigate a fall from height.

Treelocate (Europe) Limited of Belford Industrial Estate, Belford, Northumberland, pleaded guilty to breaching Section 4(1) of the Work at Height Regulations 2005 and was fined £40,000 with £1,620.40 costs by Newcastle Magistrates Court.

After the hearing, HSE inspector Phil Chester said: “Treelocate (Europe) Ltd failed to suitably plan and carry out work at height in its warehouse to reduce the risk from working at height to as far as is reasonably practicable. Ladders should not just be the go-to piece of equipment for working at height and suitable planning should be done in order to remove the risk where possible.”

  1. 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
  2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
  3. HSE news releases are available at http://press.hse.gov.uk
  4. Further information about health and safety during working at height can be found at: https://www.hse.gov.uk/pubns/indg401.pdf