Working at height involves very obvious dangers and the consequences of failing to protect staff against such risks can be dire, both in financial and reputational terms. A small building company found that out to its cost when a roofer fell from scaffolding and was gravely injured.
After plummeting 30 feet onto concrete, the man was in a coma for three weeks and has since suffered cognitive and memory problems. One of his ankles was so badly damaged that amputation had been considered. Following an investigation by the Health and Safety Executive, the company was prosecuted.
The edge of the scaffolding was inadequately protected and, in those circumstances, the company admitted breaching Regulation 6(3) of the Work at Height Regulations 2005. It was fined £160,000 and ordered to pay £7,800 in prosecution costs.
In challenging the fine before the Court of Appeal, the company’s lawyers pointed to its modest turnover and profitability. It had previously enjoyed an excellent safety record and had pleaded guilty. The Court found that the fine was manifestly excessive and reduced it to £110,000.