Accident at work - painter left brain damaged after head injury caused by fall at work
Two directors of a decorating firm were prosecuted after a self employed worker sustained head injury and was left brain damaged after falling from a ladder whilst working for them as a painter at a residential refurbishment.
Although no witnesses could confirm the fall, the Health and Safety Executive (HSE) prosecuted Liversedge Decorating Contractors Ltd, two of its directors, and a second company Foster Turn-Key Contracts Ltd for health and safety breaches.
The HSE investigation found principal contractor Foster Turn-Key Contracts Ltd and Liversedge Decorating Contractors Ltd, contracted to decorate the flats, had allowed work to be carried out that was not adequately planned or supervised and had used inappropriate equipment.
Liversedge Decorating Contractors Ltd pleaded guilty to breaching regulation 4 (1) of the Work at Height Regulations 2005, and were fined £2,000. The firm’s two directors also pleaded guilty to the same charge and were fined £1,000 each.
Foster Turn-Key Contractors pleaded guilty to breaching Regulation 22 (1) of the Construction (Design and Management) Regulations 2007 and were fined £2,000.
After the hearing HSE Inspector David Stewart said: "The ladder, which we believe may have caused or contributed to his fall, was simply not suitable for the work he was doing. It was a domestic step ladder which should not have been allowed on the site. In this situation, a tower scaffold would have been much more appropriate. Falls from height remain the single most common cause of fatality and serious injury in the construction industry. The law is quite clear and HSE provides freely-available guidance on how work at height should be managed. In this instance, individual directors of a company were found guilty for not planning and supervising the work properly. This case should send a clear message to company directors about their responsibilities for health and safety."
Kim Smerdon, a personal injury lawyer at Reading based law firm Boyes Turner said: "According to the Health and Safety Executives in the past year, 212 workers were killed at work, 3,028 significant injuries occurred at work and 2 million people were suffering from an illness they believed was caused or made worse by their current or past work. As personal injury lawyers, we are experienced in dealing with all sorts of accidents at work as a result of employers failing to comply with their duties."
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