This month’s contract clinic centres on a refurb job where the scaffolding has blown down. Claire Burrows provides guidance on the legal implications
The scaffolding on a mill refurbishment project we’re working on near Leeds has collapsed in recent high winds, injuring a member of the public and causing damage to both our project and a neighbouring building. What action do we need to take to minimise legal costs?
For any construction business, this kind of incident is a legal, financial and reputational crisis. So, what steps should be taken to manage the fallout and minimise legal costs?
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The immediate priority is safety. Emergency services should be contacted, and the injured party must receive medical attention. The site must be secured to prevent further harm and preserve evidence.
Next, document the scene thoroughly. Capture photographs of the collapse and surrounding damage, gather witness statements and record site conditions, including weather and any relevant activity.
This information will be vital for legal defence and insurance claims.
Legal reporting obligations
Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), this incident must be reported to the Health and Safety Executive (HSE). Injuries to members of the public caused by work-related accidents are reportable.
Scaffold collapses may also qualify as dangerous occurrences, particularly if a substantial part of a scaffold more than five metres high collapses or a working platform falls.
Failure to report promptly is a criminal offence and can result in prosecution and fines.
Notify insurers and seek legal advice
Most construction firms carry Contractors All Risk and Public Liability Insurance, which should cover property damage and third-party injury. Legal expenses cover may also be included for defending HSE investigations or prosecutions. However, as health and safety offences are criminal in nature, fines following conviction are not insurable.
Importantly, policyholders are free to appoint their own solicitor, not just those on the insurer’s panel. Engaging a specialist with experience in health and safety defence can be critical.
Policies typically require notification “as soon as possible” (ideally within 48 hours), and failure to comply may result in denial of cover or reduced compensation. Provide a detailed incident report, supporting documentation and contact details for those involved. Loss adjusters will likely be appointed, so cooperate fully, but always take legal advice before signing documents or making formal statements.
Preventing future incidents
Conduct a thorough internal investigation to determine the root cause of the collapse. This should be led by a competent person and follow HSE guidance, examining structural failure, erection methods and environmental factors such as wind loading.
Key questions include:
- Was the scaffolding erected and inspected according to regulations?
- Were weather risks properly assessed and mitigated?
- Were workers and subcontractors competent and adequately supervised?
Legal advisors can support this process and, where appropriate, investigations may be conducted under legal privilege, meaning findings are not disclosable to third parties, including the HSE. This allows for a candid review and supports meaningful improvements.
Communication and reputation management
Incidents like this often attract media attention. In conjunction with PR and legal teams, it may be appropriate to prepare a clear, factual statement acknowledging the incident and outlining the steps being taken. Transparency builds trust, but avoid speculation or assigning blame.
All employees and subcontractors should be instructed not to comment and to refer any media enquiries to a designated spokesperson.
Conclusion
Scaffolding collapses are rare, but high-impact events with potentially severe consequences, especially when members of the public are involved. By responding swiftly, reporting correctly, engaging legal and insurance professionals and investigating thoroughly, construction firms can minimise costs and embed stronger safety and compliance protocols.
Ultimately, protecting your workforce, the public, and your business is best achieved through proactive, not reactive, risk management.
Claire Burrows is a partner at Brabners LLP, specialising in regulatory compliance.
