Company Fined After Incorrectly Assembled Scaffold Tower Injured Members of the Public

Brief Summary

HSE found that a mobile scaffold tower was assembled incorrectly, covered with sheeting that increased wind load, and was neither erected nor inspected properly by trained and competent people. The company had previously received a prohibition notice about unsafe scaffolding, and both the company and its sole director were penalised after two members of the public suffered serious injuries when the tower overturned.

What Was The Incident?

On 19 July 2023, operatives assembled a mobile tower scaffold on a busy high street while the company director was present overseeing the work. The scaffold had been assembled incorrectly and was not adequately separated from members of the public. The structure was then covered with sheeting, which acted as a sail in windy conditions. As wind loads were applied to the sheeted scaffold, the tower overturned, striking and trapping two members of the public and causing serious injuries.

What Was The Outcome?

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

Key Points To Consider

Ensure scaffolds can withstand foreseeable wind loading. Temporary structures must be designed, installed, and maintained so they can cope with environmental loads, including wind acting on any materials used on or around the scaffold.

Follow manufacturer instructions and established guidance. Scaffold towers must be erected in accordance with the manufacturer instructions and relevant industry guidance, including the steps needed to prevent instability and overturning.

Use properly trained and competent people for assembly and inspection. Correct assembly and inspection are essential, and scaffolds should be assembled and inspected by trained and competent persons rather than relying on inadequate competence or experience.

Control what is added to scaffolds and the effect it has. Adding sheeting can significantly increase wind loading, so risk assessment and stability checks must explicitly consider the impact of wind on what you install or attach to the scaffold.

Act on prior enforcement and manage risk to the public. A prior prohibition notice should trigger immediate improvement, and where scaffolding is near the public, measures to separate the scaffold from members of the public and keep it stable must be effective before work starts.

HSE Prosecution Link