Manufacturer Fined After Falling Snow Machine Injures Child

Brief Summary

An employer was prosecuted after a snow machine installed above a public gift shop window fell to the ground during a Christmas lights switch on event, causing broken glass to injure a child. The case highlights failures in risk assessment and ensuring safe installation and securing arrangements in line with the Work at Height Regulations.

What Was The Incident?

During an annual Christmas lights switch on event at a gift shop, an artificial snow machine located in a window opening above the premises fell out of the building. As it fell, it hit a light and sent a shard of broken glass towards a 12 year old visitor, causing a deep cut that required hospital treatment.

What Was The Outcome?

The employer pleaded guilty to breaching Regulation 10(1) of the Work at Height Regulations 2005 and Section 3(1) of the Health and Safety at Work etc Act 1974. It was fined £266,666 and ordered to pay costs of £4931 and a victim surcharge of £2000.

Key Points To Consider

Secure equipment above public areas. Where items are installed at height over areas accessible to the public, take suitable steps to prevent them from falling, including robust securing arrangements.

Do not treat installation instructions as optional. Risk control measures should reflect the manufacturer’s instructions and demonstrate how the equipment is to be safely installed and secured.

Risk assess the full scenario, not just the event. Assess the risks created by use of work at height and the presence of members of the public, including what could fall and where it could land.

Plan placement and fall consequences before the event. Ensure the positioning of temporary features is planned so that, if something moves or fails, it does not create hazards to people gathering below.

Verify controls are in place and effective. Before opening to the public, check that the securing and arrangements are correctly implemented and capable of preventing a fall, rather than relying on assumptions.

HSE Prosecution Link