Informa Markets

Author Bio ▼

Safety and Health Practitioner (SHP) is first for independent health and safety news.
December 11, 2012

Boss of decorating firm instructed workers to use unsafe platform

The owner of a painting and decorating company has been prosecuted after one of his employees shattered his leg when he fell from the top of a water storage tank.

The 58-year-old decorator, who wishes to remain anonymous, was working for Mawe Staff & Co Ltd, when the incident took place on 29 November last year. He and a colleague were asked by the firm’s managing director, Colin Mawe, to paint seven storage tanks at Humber Growers’ Beckside Nursery in Ellerker, East Yorkshire.

The pair was standing on the top of one of the tanks to paint it, when one of them walked along the curved top surface and lost his balance. He fell four metres and landed on the concrete floor slabs below. In the process, he suffered multiple fractures to his left leg and broke his right heel.

He underwent two operations to pin and re-build the bones in his leg and was confined to a wheelchair for several weeks. He now has to rely on crutches and is still receiving physiotherapy. Doctors have informed him that he will never be able to return to his job, or any other construction-related work.

The HSE investigated the incident and found there was no edge protection in place to prevent falls from the top of the tanks. Colin Mawe had provided unsuitable equipment for them to access the tank and had instructed them to use it.

The equipment comprised two a-frames connected by an unsecured platform with no guardrails, which was positioned between the tanks. The platform was too short to reach the top of the tanks, which was why the men had to step on top of them to finish the painting.

HSE inspector David Bradley said: “This was a serious incident in which a worker sustained life-changing injuries. However, the height from which this worker fell had the very real potential to cause fatal injuries.

“The controls needed to avert this incident were simple to achieve, and the risks to people walking along the top of a curved tank should have been evident to anyone controlling the work. It is therefore disappointing that Mr Mawe saw people working in this manner yet failed to introduce simple controls to eliminate these risks.”

Colin Mawe appeared at Beverley Magistrates’ Court on 5 December and pleaded guilty to breaching s37(1) of the HSWA 1974. He was fined £2500 and ordered to pay £1800 in costs.

In mitigation, Mawe said the work was completed safely after he arranged for a tower scaffold to be erected around the tanks. He told the court that neither he nor his company had any previous safety convictions. The firm has subsequently gone into liquidation and he has retired.

The Safety Conversation Podcast: Listen now!

The Safety Conversation with SHP (previously the Safety and Health Podcast) aims to bring you the latest news, insights and legislation updates in the form of interviews, discussions and panel debates from leading figures within the profession.

Find us on Apple Podcasts, Spotify and Google Podcasts, subscribe and join the conversation today!

Subscribe
Notify of
guest

3 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Bob
Bob
12 years ago

In mitigation, Mawe said the work was completed safely after he arranged for a tower scaffold to be erected around the tanks.

How exactly is this mitigating?

it should have been done safely before, then there would be no injury sustained, or am I missing the point?

The IP at 58 should reflect upon his undertaking in this fiasco, and the government continually insist that people should use common sence?

What`s common to one person appears not to be so common to another?

Bob
Bob
12 years ago

As mentioned before, sorry to repeat myself,

An article within SHP dated 17/2/2010 refers to WAH Competence – states,

For employees, that also means recognising that theirs is to reason why – they have a responsibility not to work at height if they believe that the work method or equipment is unsafe.

It really is deeply troubling that we continue to witness ignorence or acceptance of risk in order to earn a crust?

And it`s not just domestic client`s it`s commercial ones as well.

Paul
Paul
12 years ago

And so say all of us Bob.

Shame the majority of the workforce seem to disregard their responsibility. Better to look for further employment while you can, and not suffer major injury that could affect employment, or going to meet St Peter at the other centre!