A construction company in Derbyshire has appeared in court after a scaffolder was severely injured when he fell through a fragile surface whilst working on a London supermarket.
31-year-old James Whelan from Wimbledon fell seven metres in the incident, fracturing parts of his spine and pelvis, breaking four ribs and bruising his lung.
Bowmer & Kirkland Ltd, based in Belper, was prosecuted last Wednesday (4th March) after a Health and Safety Executive (HSE) investigation established that more could have been done to prevent the fall.
Westminster Magistrates’ Court heard that the firm, which operates nationwide, had been contracted to refurbish and extend a Sainsbury’s store in Wandsworth when the incident happened in August 2013.
Mr Whelan was working for a scaffolding subcontractor and was walking in an area which linked the roof space of the old store to the new extension. However, when he stepped onto a piece of dusty plasterboard from an exposed timber walkway, assuming it was all the same material, he plunged through the board and a suspended ceiling, stopping on stairway underneath the roof space.
Magistrates heard how Bowmer & Kirkland had tried to control the risks presented by the fragile area and restrict access to the walkway, however the HSE investigation established that more could have been done to physically mitigate the likelihood of a worker falling in the first place, like the company providing a properly guarded walkway or fitting hard covers on the fragile materials.
The firm was fined £6,000 alongside prosecution costs of £1,428 after it pleaded guilty to breaching the Work at Height Regulations 2005.
Speaking after the hearing, HSE Inspector Gavin Pugh said: “The hazards presented by fragile surfaces and open edges are clear, and it is common knowledge that falls from height account for almost half of all deaths and serious injuries on construction sites. As such, companies like Bowmer & Kirkland should be fully aware of what needs to be done to adequately protect workers.
“The safety standards surrounding the walkway and fragile area fell some way short on this occasion, and it could have cost the scaffolder his life. He suffered painful injuries that still cause him pain and discomfort, but he could just as easily have been killed.”