Partners fined

Two partners from a building firm have been fined £10,000 each and ordered to pay £1,290 each in costs as a result of an incident in which a teenager doing work experience was injured.

Peter Swinbourne and Nicholas Rawlins, who traded jointly as Dover Building and Property Maintenance based in Dover, were prosecuted under Section 2(1) of the Health and Safety at Work Act 1974 following an incident which took place on 2 October 2006.

Martin Sankey, 16, was working for the company to gain experience while on a college bricklaying course. On his second day he was asked to clear some materials from the second floor of the development, on the site of the former Webbs Hotel.

As Sankey was on the second floor, he blacked out because he was unwell and fell through the hole of a lift well that was under construction. He fell almost 5.9 metres (19 feet) to the ground floor, suffering a fractured skull, a brain haemorrhage, facial and leg injuries and extensive bruising.

If a basic temporary guard had been constructed around the lift well, work could have carried on in the area unhindered as well as protecting workers like Sankey who were passing through the area.

John Underwood, HM Inspector of Health and Safety, said:

"The construction industry continues to have a poor record regarding falls from height, which dominate the accident statistics despite a major effort by the industry and the HSE.

"Any weakness in the system of work or controls used to prevent falls can lead to dramatic and life threatening accidents. If those in control fail to insist on a high standard at all times then accidents will continue to occur.

"It is particularly ironic that Martin's accident occurred when he became ill and collapsed but both Martin and other workers on the site were equally likely to fall from an unprotected open edge by a slip or a trip.

"The level of fine awarded against the partners shows how seriously the Court viewed this failure to look after a completely inexperienced young person but illness at work is probably more likely to involve older workers.

"This accident was totally preventable in that a very basic timber or scaffold edge protection barrier would have prevented anyone working near the lift well or moving past it from falling."

According to the HSE:

• all people are at particular risk of injury in the first six months of a job as they may be unaware of existing or potential risks. Young people will frequently be in this category;
• young people may lack experience or maturity or may be unaware of how to raise concerns;
• they may not have reached physical maturity and therefore lack the strength demanded; and
• they may be eager to impress or please people with whom they work.

As Workplace Law previously reported, the TUC’s study, ‘Too Young to Die’, shows that over 4,000 16-24 years old are seriously injured at work every year, 12 are killed (2004/5, 16 in 2003/4) and 15,000 are injured badly enough to be off work for more than three days. Due to inexperience and lack of training 20-24 year olds in the UK have a higher reported accident rate than most other age groups, and across Europe 18-24 year olds are 50% more likely to be injured in the workplace than more experienced employees.

Further information on the health and safety of young people at work can be found at: http://www.hse.gov.uk/youngpeople/index.htm.