Construction companies fined £20k after scaffolding fall

Friday 07 June 2019

Two construction companies have been fined £20,000 between them after a worker knocked by a free-swinging concrete hose fell four metres off scaffolding without the required edge protection.

Fosse Construction Ltd. and Moy Construction Ltd. were summoned to Court to face criminal charges arising from the incident at a construction site they were both working on, which took place two years ago and "mercifully" only left the worker bruised.

Summarising the incident for the Court, Crown Advocate Conrad Yates – who appeared for the prosecution – explained the companies' breach of the Health and Safety Law.

He said that both Fosse and Moy were contracted on a site in St. Brelade in November 2016 which involved the demolition of a building, replacing it with a four-bedroom house.

The incident occurred on 10 July 2017 when the workers on site were preparing to pour 42 tonnes of concrete as part of the building work.

There was an accident with the hose, which is used to pump and pour the concrete, causing it to “swing free” from its boom, eventually knocking a man from the scaffoldin. The Court heard that, because there weren’t safety rails installed to protect the edges of the working platform, the blow caused him to fall four metres through the scaffolding.

Pictured: A diagram of scaffolding formwork with edge protection put forward by the Crown.

Regarding Fosse, the Crown Advocate said that as the main contractor on the site, it “had a responsibility… to plan, manage and monitor the construction work involved with the concrete pour on the 10 July, in liaison with Moy. This extended to include ensuring that suitable and sufficient measures were taken to prevent the risk of a person falling from height.” 

Turning to Moy, it was their insufficient risk assessment of the project and the lack of “direct supervision or oversight” over its employees which particularly resulted in their prosecution.

Making his recommendations for sentencing, the Crown Advocate urged that although the “swinging of the boom was an accident”, the two companies “failed to recognise and avert potentially life-threatening risks.” 

Acknowledging that the breaches weren’t “deliberate or flagrant”, and that any fine imposed should “sting”, the Crown invited the Court to impose a £30,000 fine on Fosse and £20,000 on Moy.

Advocate Simon Young, representing Fosse, began his case by saying “accidents never happen in a vacuum”, advising that the Court impose a sentence that takes the “domino effect” of the series of events which led up to this incident.

Pictured: The case was heard in the Royal Court.

Appearing for Moy, Advocate Debbie Corbel described the Crown’s conclusion that there was any “ongoing potentially life-threatening breach” on this building site was “rather extreme”, arguing that the Health and Safety Inspector wouldn’t have given the green-light for the work to continue after he visited the site shortly after the incident if there was any such threat.

The case was heard by Deputy Bailiff Tim Le Cocq, accompanied by Jurats Olsen and Dulake, who ultimately imposed a fine much lower than that moved for by the Crown.

Handing down the sentence, the Deputy Bailiff described this case as “exceptional”, highlighting the companies’ “simple lack of appreciation of the potential risk”, but that the Court “note[s] and commend[s] the steps that have been taken to mitigate the risks going forward.”

Fosse was then ordered to pay £12,000 and Moy £8,000. Both companies were also ordered to pay prosecution costs.