Firm Fined £80,000 After Worker’s Skylight Fall: What is Negligence?

Firm Fined £80,000 After Worker’s Skylight Fall: What is Negligence?

Falls from height remain a leading cause of workplace fatalities and serious injuries in the UK. In a recent case, a construction firm was fined £80,000 after a worker suffered multiple fractures falling through a fragile skylight. This incident highlights the critical importance of workplace safety and raises a vital question: What exactly constitutes negligence in such cases?

The Incident: A Stark Reminder

In January 2024, a 29-year-old subcontractor was seriously injured while carrying out roof repairs at an industrial estate in Titchfield, Hampshire. Aiming to expedite the project, J Smith Construction Services Limited brought in extra workers for a weekend shift, including the subcontractor. However, the company failed to implement adequate safety measures, such as scaffolding or netting, to prevent falls through fragile areas of the roof. Consequently, the worker fell over 15 feet through a skylight, sustaining multiple fractures and long-term leg injuries.

Despite the severity of the incident, the company resumed work the following day without implementing additional safety precautions. An investigation by the Health and Safety Executive (HSE) revealed the company’s failure to ensure worker safety, leading to a guilty plea for breaching The Work at Height Regulations 2005, Regulation 6(3). In addition to the £80,000 fine, the company was ordered to pay costs of £2,630. The director, present during the work, received a suspended prison sentence and was also ordered to pay costs.

Understanding Negligence in Workplace Accidents

Negligence, in a legal context, refers to a failure to exercise the care that a reasonably prudent person would exercise under similar circumstances. In workplace accident cases, negligence typically arises when an employer breaches their duty of care to employees, resulting in injury or harm.

To successfully claim for negligence, an employee must demonstrate four key elements:

  1. Duty of Care: The employer owed a duty of care to the employee.
  2. Breach of Duty: The employer breached this duty of care.
  3. Causation: The breach of duty directly caused the employee’s injury.
  4. Damage: The employee suffered damages (losses) as a result of the injury.

The Employer’s Duty of Care

Under UK law, employers have a legal responsibility to ensure the health, safety, and welfare of their employees. This duty of care is wide-ranging and includes:

  • Providing a safe working environment.
  • Conducting thorough risk assessments to identify potential hazards.
  • Implementing appropriate safety measures to mitigate risks.
  • Providing adequate training, information, and supervision.
  • Ensuring equipment and machinery are safe and well-maintained.
  • Employing competent fellow staff.

The Health and Safety at Work etc. Act 1974 is the primary legislation outlining these responsibilities. It requires employers to do what is “reasonably practicable” to protect their employees from harm. This means balancing the level of risk against the cost, time, and effort required to control it.

Work at Height Regulations 2005

The Work at Height Regulations 2005 specifically address the risks associated with working at height. These regulations apply to all work activities where there is a risk of falling a distance liable to cause personal injury. They require employers to:

  • Avoid work at height where possible.
  • Use the safest equipment and controls when working at height is necessary.
  • Take measures to minimize the distance and consequences of falls.
  • Ensure work at height is properly planned, supervised, and carried out by competent persons.

Common safety measures include:

  • Scaffolding
  • Guardrails and edge protection
  • Safety nets and harnesses
  • Mobile elevated work platforms (MEWPs)
  • Regular inspection and maintenance of equipment

What Happens When Negligence Occurs?

When an employer fails in their duty of care and an employee is injured as a result, the employer may be liable for negligence. The injured employee may be able to claim compensation for:

  • Medical expenses
  • Lost earnings (past and future)
  • Pain and suffering
  • Rehabilitation costs
  • Other related losses

Defenses Against Negligence Claims

A defendant in a negligence claim may raise several defenses to reduce or eliminate their liability. Common defenses include:

  • Contributory Negligence: The injured party’s actions contributed to their own injury.
  • Consent (Volenti non fit injuria): The claimant knowingly accepted the risks involved.
  • Statutory Authority: The actions were expressly authorized by statute or regulation.
  • Illegality (Ex turpi causa): The claimant was engaged in a serious crime or wrongdoing linked to the incident.

Reporting Accidents: RIDDOR

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) require employers to report certain work-related accidents, injuries, and dangerous occurrences to the HSE. Reportable incidents include:

  • Work-related fatalities
  • Specified injuries, such as fractures, amputations, and serious head injuries
  • Injuries resulting in more than seven days of absence from work
  • Dangerous occurrences, such as collapses of scaffolding or accidental release of hazardous substances

Reporting under RIDDOR is crucial for identifying trends, investigating serious incidents, and ensuring duty-holders manage risks appropriately. Failure to report incidents is a criminal offense.

Seeking Legal Advice

If you have been injured in a workplace accident due to your employer’s negligence, it is essential to seek legal advice from a personal injury solicitor. A solicitor can assess your case, advise you on your legal rights, and help you pursue a claim for compensation.

Preventing Future Accidents

The case of the construction firm fined £80,000 serves as a stark reminder of the importance of workplace safety. By understanding the principles of negligence and adhering to health and safety regulations, employers can prevent accidents, protect their employees, and avoid costly legal repercussions.

Open Questions:

  • What steps can employers take to foster a stronger safety culture in the workplace?
  • How can employees be empowered to report safety concerns without fear of reprisal?
  • What further measures can be implemented to reduce the risk of falls from height in construction and other industries?