Work at Height Safety | Fatal Fall from Unguarded Scaffolding Tower

SECTION GUIDE

A recent court case serves as a stark reminder that even shortfalls can have devastating consequences — and that neglecting basic work-at-height controls can lead to heavy fines or even imprisonment.

On 23 September 2025, at Bolton Magistrates’ Court, WH Metals Limited and its director were sentenced following the death of a contractor who fell from an unguarded scaffolding tower in Darwen, Lancashire.

The company pleaded guilty under Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £45,000 plus £4,826 in costs. The director pleaded guilty under Section 37 and received a 26-week prison sentence, suspended for 12 months.

This sentencing, nearly three years after the incident in November 2022, has reignited discussion around Work at Height Safety and reinforced that even “routine” jobs can carry serious risk.

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  • What happened

    On 22 November 2022, a contractor installing a metal sign was standing on a mobile scaffolding tower with no guardrails or toe boards. He fell approximately six feet to the pavement below, sustaining severe head injuries and later died in hospital.

    An HSE investigation found the company failed to install proper fall prevention systems or plan the work safely. The director had not ensured adequate supervision or inspection.

     

  • HSE commentary

    HSE Inspector David Hobbs said:

    “Work at height remains one of the leading causes of workplace injury and death. In this case, a fall of six feet was enough to cause a death, highlighting the dangers.
    This incident highlights the importance of suitable control measures, such as edge protection, to minimise the risk of serious personal injury.”

    The investigation concluded that if guardrails had been in place, this fatal fall was highly unlikely to have occurred.

  • Why this case matters now

    This September 2025 sentencing reminds employers that courts treat failures in Work at Height Safety as grave offences.

    The case highlights three critical realities:

    • Even a low fall can be fatal.
    • Directors can face personal prosecution.
    • Work-at-height planning must be proactive, not reactive.

    For SMEs and contractors, this means ensuring that every elevated task — no matter how minor — is properly assessed, supervised, and equipped with appropriate safety controls.

Legal Framework: Work at Height Regulations 2005

The Work at Height Regulations 2005 apply to all work where there is a risk of a fall liable to cause injury — across every industry, not just construction.

Employers must ensure:

  • Planning and Supervision: All work at height is properly planned, risk-assessed, and supervised by competent persons.
  • Safe Equipment: Scaffolds and towers are stable, suitable, and regularly inspected.
  • Collective Protection: Use of guardrails, toe boards, and barriers wherever possible.
  • Competence and Training: Only trained, competent workers erect or inspect towers.
  • Rescue Planning: Emergency and rescue procedures are documented and tested.

Failure to comply can lead to fines, imprisonment, or personal director liability under Section 37 of the Health and Safety at Work Act 1974.

Key lessons for employers

  • Prioritise collective protection

    Guardrails and toe boards are the first line of defence. Collective systems protect everyone, not just individual workers.

  • Verify competency

    Ensure all workers erecting or using tower scaffolds have recognised training — such as PASMA certification — and refresher courses where needed.

  • Maintain regular inspections

    Inspect scaffolds:

    • Before first use
    • After modification or movement
    • After severe weather
    • Every 7 days minimum
  • Work at Height Safety
  • Ensure leadership accountability

    Directors and senior managers have personal duties. Courts increasingly apply Section 37 for management neglect leading to injury or death.

  • Update risk assessments regularly

    Every new worksite, height, or equipment type requires a fresh risk assessment and method statement (RAMS).

Components of an effective rescue plan

A comprehensive rescue plan should go beyond simply “calling 999.”

It should be a documented, site-specific procedure detailing who will do what, when, and how.

  • Pre-planning for likely scenarios

    • Conduct a risk assessment for all foreseeable fall scenarios — e.g. worker suspended in a harness, collapse of a tower scaffold, fall into a confined space, or entrapment on a roof.
    • Consider site-specific constraints such as limited access, weather, height, or the type of structure.
    • Plan both self-rescue and assisted rescue methods, where appropriate.
  • Identifying suitable rescue equipment

    • Select fit-for-purpose rescue devices such as rope rescue kits, inertia reels, retrieval blocks, or descent systems.
    • Ensure all equipment is compatible with existing fall protection systems.
    • Store equipment close to the work area for immediate deployment.
    • Keep records of equipment inspection, maintenance, and expiry dates in line with PUWER (Provision and Use of Work Equipment Regulations 1998).
  • Training and competence

    • Designate a trained rescue team or individuals familiar with the specific rescue systems used on site.
    • Training should include hands-on practice in real-world scenarios — not just theory.
    • Competence must be refreshed regularly and documented.
    • Ensure everyone on site knows who the designated rescue lead is and how to contact them in an emergency.
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  • Regular rescue drills

    • Conduct simulated rescue exercises at least annually, and after any significant change to site layout, team composition, or equipment.
    • Evaluate the time taken to respond, clarity of communication, and coordination between rescuers.
    • Review lessons learned after each drill and update the rescue plan accordingly.
    • Encourage a culture of calm, confident response — panic and confusion cost precious seconds.
  • Coordination with emergency services

    • Share your rescue plan, access points, and site maps with the local Fire and Rescue Service or other first responders before work begins.
    • Identify any potential obstacles for emergency vehicles or personnel.
    • Establish clear communication protocols — who calls, what information to provide, and how to direct responders to the casualty.
    • Keep key contacts visible on the site noticeboard and in the risk assessment documentation.
  • Integrating rescue planning into everyday work

    Rescue planning should be a core part of every work-at-height risk assessment — not an afterthought.

    For example:

    • When planning to use a mobile tower scaffold, consider how someone would be recovered if they fell partway or became incapacitated at height.
    • For roof access or maintenance, identify anchor points and ensure rescue equipment is accessible without needing another elevated platform.
    • For lone working, implement check-in procedures or personal alarm systems to raise alerts instantly in the event of a fall or medical emergency.

    By embedding rescue considerations into normal work planning, employers demonstrate compliance and commitment to worker safety — a factor courts view favourably when assessing diligence and mitigation.

  • The consequences of poor planning

    When no rescue plan exists, emergency services often become the default option — but even their rapid response times can be too slow for suspended casualties.

    Moreover, HSE investigations repeatedly highlight cases where:

    • Rescuers sustained secondary injuries attempting improvised recoveries.
    • Emergency crews were delayed due to lack of site access or unclear directions.
    • The absence of a documented rescue procedure was treated as a breach of Regulation 4, leading to prosecution or enforcement notices.

    Proper planning and rehearsal not only save lives but also protect organisations from liability and reputational damage.

Key takeaways for employers

Implementing a robust Rescue and Emergency Plan isn’t just good practice — it’s a legal and moral duty.

Below is a deeper look at what each principle means in practical terms for employers, site managers, and directors.

  • Rescue planning is a legal requirement

    Under Regulation 4 of the Work at Height Regulations 2005, employers must plan both how work will be carried out safely and how a person will be rescued if things go wrong.
    Failing to plan for rescue is itself a breach of the law, even if no incident occurs.

    A compliant rescue plan should:

    • Be written, site-specific, and proportionate to the level of risk.
    • Include named responsible persons, communication routes, and timelines.
    • Be reviewed and approved by a competent person before work begins.
  • Every site and task must have a site-specific, documented plan

    No two sites or jobs are identical. Factors such as height, access, weather exposure, location, or equipment type all affect the rescue method.

    Generic plans are insufficient — they fail to account for real-world conditions.

    Employers should:

    • Develop task-specific rescue procedures (e.g., tower scaffold collapse, harness suspension, roof fall).
    • Include rescue arrangements within the Risk Assessment and Method Statement (RAMS).
    • Keep the plan onsite and easily accessible, ensuring all workers know its contents.
    • Auditors and regulators increasingly expect rescue plans to be integrated into daily operations, not buried in a safety file.
  • Training, Drills, and Equipment must be tested and reviewed regularly

    Even the best-written plan will fail without trained people and reliable equipment.

    Rescue preparedness is a living system — it needs maintenance, refreshment, and testing to remain effective.

    Employers should:

    • Provide practical rescue training to those expected to perform or assist in rescues.
    • Conduct mock rescue drills at least annually (or after major changes).
    • Test rescue equipment (ropes, blocks, harnesses, retrieval systems) following manufacturer guidance and PUWER requirements.
    • Keep records of all training, drills, and inspections as proof of compliance.

    Regular review not only saves lives but also serves as vital documentation in the event of an HSE inspection or investigation.

  • Fast, effective rescues depend on competence, communication, and accessibility

    When an emergency occurs, clarity and coordination are critical.

    The first few minutes after a fall often determine the outcome — and confusion, delay, or lack of access can turn a survivable incident into a fatality.

    To ensure efficiency:

    • Designate a Rescue Lead for each site or project, with clear authority.
    • Use two-way communication systems (e.g. radios, emergency alerts) that are tested daily.
    • Keep rescue equipment in a known, accessible location, free from obstructions.
    • Maintain clear access routes for emergency services.
    • Well-trained rescuers must know where equipment is, how to use it, and what sequence to follow. Every second matters.
  • Incorporating rescue procedures demonstrates compliance and leadership commitment

    Embedding rescue planning into everyday health and safety culture sends a powerful message: that leadership genuinely values the safety of its people.

    It shows that compliance is not just a “tick-box” exercise but part of operational excellence.

    Benefits of embedding rescue procedures include:

    • Legal protection: Demonstrates “reasonably practicable” effort under the Health and Safety at Work Act 1974.
    • Enhanced safety culture: Workers feel safer, more confident, and more engaged.
    • Reputational resilience: Clients and regulators view proactive safety management as a sign of professionalism.
    • Reduced downtime: Quick, coordinated rescues minimise disruption and potential business loss.
    • Proactive employers integrate rescue planning into daily toolbox talks, pre-start briefings, and supervisory checks — ensuring every person on site understands their role if an emergency occurs.
  • Final thought

    A rescue plan isn’t something you write once and store away — it’s a living, breathing part of your organisation’s Work at Height Safety strategy.

    By combining clear planning, trained people, reliable equipment, and strong leadership, employers can protect their teams, comply with the law, and demonstrate that safety truly comes first.

Your Questions Answered

Everything you need to know about work at height safely

  • Do guardrails have to be fitted on every scaffold tower?Reveal

    Yes. Where there’s a risk of falling, guardrails and toe boards are a legal requirement unless proven impracticable.

  • Are scaffolding inspection tags mandatory?Reveal

    Not legally, but using systems like Scafftags helps demonstrate compliance and inspection discipline.

  • How often should a tower scaffold be inspected?Reveal

    Every 7 days, and after any modification, severe weather, or movement.

  • Can directors be held personally liable?Reveal

    Yes. Under Section 37, if an offence occurs with a director’s consent, connivance, or neglect, they can face fines or prison sentences.

  • What if contractors manage the tower?Reveal

    Employers still have a duty of care to ensure contractors are competent and supervised appropriately.

  • How can SMEs stay compliant without excessive admin?Reveal

    Keep systems proportionate: documented risk assessments, regular checks, and clear communication. impact HR can streamline this for you.

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