Prosecution Details

Being an employer, failed so far as was practicable to provide and maintain a working environment in which its employees were not exposed to hazards and in particular failed to provide and maintain a system of work such that, so far as was practicable, its employees were not exposed to hazards.

The defendant was the main contractor for construction work on a construction site in Scarborough. The defendant engaged a subcontractor to carry out carpentry work on the balconies of the site as shown in the photograph. The work consisted of fixing decking to the balcony floors and fixing timber roofs over the balconies.

On 5 October 1999 the roof carpenters were exposed to the hazard of falling off a second storey balcony. The roof carpenters were observed working on planks they had erected on the balcony using balcony handrails and 44 gallon drums without any safety equipment. The handrail of the balcony was approximately 6 to 6.5 metres above the ground.

The roof carpenters had been supplied with one harness by the defendant and lent one by another tradesperson. The carpenters had not used harnesses before and were not given adequate instructions for their use. They were told by a director of the defendant to wear a harness if they felt it was necessary.

His Worship Mr Calder SM heard the case.

The defendant pleaded guilty. The penalty was imposed under section 19(6).

convicted