Company Fined After Incorrectly Assembled Scaffold Tower Toppled Onto Public

Brief Summary

An employer was prosecuted after a mobile tower scaffold assembled on a busy high street overturned onto members of the public, who suffered serious injuries. The HSE investigation found the tower was incorrectly assembled, covered with sheeting that acted as a sail in wind, and was not designed, installed, or maintained to withstand foreseeable wind loading. The employer also failed to use adequately trained and competent persons and to follow manufacturer instructions.

What Was The Incident?

On 19 July 2023, operatives assembled a mobile tower scaffold on Putney High Street under supervision. The scaffold tower was assembled incorrectly, without adequate measures to separate it from members of the public, and was subsequently covered with sheeting. In windy conditions, the sheeting acted as a sail, contributing to the tower scaffold overturning. The structure struck and trapped two members of the public, resulting in serious injuries.

What Was The Outcome?

The employer was found guilty of breaching Regulation 19(2)(a) of the Construction Design and Management Regulations 2015 and was fined £20,000 plus £7,000 in costs. The sole director was found guilty of an offence under Section 37 of the Health and Safety at Work etc Act 1974 and was fined £1,730 plus £1,730 in costs.

Key Points To Consider

Design and stability must account for wind loading. Temporary structures including scaffold towers must be designed, installed, and maintained so they can withstand foreseeable loads, including those created by wind acting on any covering materials.

Avoid using sheeting in a way that creates sail effects. If any sheeting is used on scaffold, decisions must actively address wind risks and the potential for the material to increase wind loads and affect stability.

Use competent people and follow the manufacturer instructions. Scaffold towers must be assembled and inspected by adequately trained and competent persons and erected in accordance with manufacturer instructions and established industry guidance.

Ensure barriers and separation from the public. Where scaffolds are on or near public routes, systems must be in place to separate the structure from members of the public and prevent harm if stability is compromised.

Prior prohibition actions should trigger prompt learning. Previous enforcement for unsafe scaffolding work should lead to effective reassessment and improvement so similar failures do not recur at other sites.

HSE Prosecution Link