Contractor sentenced after worker injured in fall

An investigation by the Health and Safety Executive (HSE) found that the worker, along with two others, had been instructed by company director and acting site manager Rafael Delimata to build the formwork.

While standing on top of a stepladder and using a gas-powered nail gun, the worker fell approximately 1.65m to the floor below.

He sustained multiple serious injuries, including crush injuries to both elbows requiring several surgeries, a fractured forearm, dislocated wrists, and injuries to his right leg and left knee.

Bow Tie Construction failed to implement a safe system for working at height during the construction of the staircase, the HSE investigation found.

HSE also identified wider failings in the management of work at height on site, including inadequate edge protection, incorrectly assembled tower scaffolds, staircases without edge protection, and uncontrolled use of ladders. 

These failings continued despite a previous HSE visit in July 2021, during which a prohibition notice had been served for unsafe work at height.

Working at height remains one of the leading causes of workplace injury and death. HSE’s guidance, Construction - Work at height, outlines how to plan and carry out work at height safely, including the importance of selecting appropriate equipment and ensuring suitable supervision.

Bow Tie Construction pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. It was fined £24,000 and ordered to pay £4,101 in costs.

“The risks associated with working at height are well-known, and this incident could have easily been prevented,” said HSE inspector Emma Bitz.

“Employers must ensure suitable control measures are in place, safe working practices are followed, and workers are provided with appropriate supervision. Failure to do so can result in life-changing injuries, as this case clearly demonstrates.”