Working At Height Regulations: HSE Working At Height Legal Briefing As Two Companies Fined Following Worker's Fall

Horizon Roofing Specialist Ltd had been appointed by the principal contractor, Bromley-based Property Facilities Group Ltd, to install a new roof at Aspire Academy in Welling.

On 29 September 2020, three roofers began working at height on the modular building’s roof. During the work, an unexpected flare from a gas gun caused one of the roofers to stumble backwards and fall from the edge of the unprotected roof to the ground below.

The roofer who worked for Horizon Roofing Specialist Limited sustained a fall from height injury and suffered multiple fractures in both of his legs, which required surgery.

Property Facilities Group and Horizon Roofing had failed to adequately plan, appropriately supervise, and ensure that employees working at height carried out their duties safely.

Property Facilities Group Ltd, of Newman Road, Bromley, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. They were fined £14,000 and were ordered to pay £1,619.25 costs at a hearing at Westminster Magistrates Court on 19 January 2024.

Horizon Roofing Specialist Limited, of Langham Road, Robertsbridge, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. At the same hearing, they were fined £3,333 and ordered to pay £1,619 in costs.

Further information: Read the press release here.

HSE’s fatal accident statistics consistently reveal that over 30% of all workplace fatalities are caused by falls from height. Employers should ensure that work at height is avoided wherever reasonable by altering the tasks or how they carry them out.

Where work at height cannot be avoided

Equipment or other control measures must be taken to prevent persons from falling from height. Priority must be given to preventing falls through the use of existing safe workplaces, preventing falls through the use of collective fall protection equipment, and finally, preventing falls through the use of personal protective equipment.

If the risk of a fall cannot be eliminated

Equipment or other control measures must be taken to reduce the consequences of a fall. Priority must be given to minimising the distance and consequences through collective equipment, PPE, instruction, and training.

A working-at-height risk assessment must be completed before

A working-at-height risk assessment must be completed before conducting any working-at-height activity. It must consider all potential places people can fall / factors relating to the task, the individual and the local working environment.

All work-at-height activity must be

It must be adequately planned, organised, and supervised by parties controlling the work and location. Consideration must be given to whether excavations, open edges, and areas, including those under construction or demolition, from which a person could fall can be protected effectively by physical barriers of sufficient height and strength.

All fragile roof surfaces must be identified/marked, and access must be restricted to authorised personnel.

The selection of work-at-height equipment must be

The findings of the working at height risk assessment process must be informed to ensure that the safest and most suitable equipment is employed and a safe system of work is devised and documented.

In this case, the HSE concluded that appropriate safety measures had failed and that both parties had failed to properly consider who was responsible for determining and implementing suitable working-at-height safety measures to ensure safe working practices when contracting out the activities.

If you operate your business within someone else’s workplace, it is imperative that your risk assessments and safe systems of work fully consider the hazards and risks that might expose your employees to.

Check that your working-at-height risk assessments are compatible with / overlap with the client’s own workplace or operational risk assessments. Ensure that your employees are suitably trained and appropriately briefed regarding the safe working practices that need to be undertaken on third-party client sites.

Where your employees discover any shortfalls in those safe systems of work at a client site, ensure they know to protect their health & safety in the first instance and then communicate these issues to you without further delay.

Employers should do all they can to avoid workplace incidents like this. Prioritising safety is non-negotiable. For health and safety support, get in touch with our Team. Don’t wait for incidents to prompt action—contact us today by clicking here: Avensure Contact!