A company has been fined £1 million after an employee fell over 10 metres and sustained serious injuries.
Christopher Hooper, 31, suffered fractures to his skull, back, pelvis, arm, wrist and ankle after falling 11 metres at DP World Southampton’s terminal on 20 September 2022.
The 31-year-old, from Winchester, had fallen through an open hole in the driver’s cab of a straddle carrier and landed on the concrete floor below.
The hole had been created by contractors that were replacing a glass floor, exposing Mr. Hooper and other workers to the risk of falling from height.
Inspectors from the Health and Safety Executive (HSE) found Mr Hooper’s employer, Southampton Container Terminals Limited, trading as DP World Southampton, failed to ensure there was a safe system of work at its site on Western Avenue.
Mr Hooper, who had worked for Southampton Container Terminals Limited since he was 17, had been undertaking routine maintenance work and was unaware of the open hole before falling onto the floor.
The HSE investigation found Southampton Container Terminals Limited had failed to ensure there was a system of work that ensured the replacement of the glass floor and routine maintenance work could be carried out safely at the same time.
The company also failed to ensure there was a risk assessment in place and failed to implement its own policy for the use of permits to work whilst working at height.
Victim statement
Mr. Hooper, who was 29 at the time of the incident, said in his victim personal statement:
“I feel like a puppet in my life who is being moved from therapy to therapy with no control over where I am going.
It feels like my life is in a waiting room, early out of hospital I had closer milestones that felt achievable, whereas now no one can tell me what I can do next and that is really impacting my day-to-day life as I don’t know what the rest of my life will look like.”
Charges
Southampton Container Terminals Limited, of Palace Street, Westminster, London pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1 million and ordered to pay £11,664.59 in costs at Southampton Magistrates’ Court on 2 August 2024.
HSE inspector Francesca Arnold said:
“This incident has resulted in severe life-changing injuries for Mr. Hooper, who is lucky to be alive. His life has completely changed because of Southampton Container Terminals Limited’s failure to produce a suitable risk assessment and implement straightforward control measures.
“The hazards of working at height are well known and documented and this prosecution should now remind employers that a failure to manage and implement effective measures can have serious consequences and they will be held accountable for this failure. Information on working at height safely is freely available on HSE’s website.”
This prosecution was brought by HSE enforcement lawyer Andy Siddall and supported by HSE paralegal officer Rebecca Withell.
Falls from a height – how to make a claim
Falling from a height is one of the most common workplace injuries according to the Health and Safety Executive (HSE). Working at height can sometimes be a necessary feature of some work and is one of the most dangerous parts of any job and there are many risks involved in those undertaking it.
Common accidents are falls from ladders and through fragile roofs. In such claims, it can be difficult to establish who is responsible for the accident, whether it is an employer or the company responsible for erecting the scaffolding.
Employers should consider whether working at height is necessary or whether the task could be completed at ground level. If the task requires working at height, protective measures should be put into place. Employers should take reasonable steps to reduce the risks and the consequences of any employee or other person from falling.
Work at Height Regulations
The Work at Height Regulations 2005 (WaHR) governs work that is carried out at height and provides legislation to implement the minimum safety and health requirements for the use of equipment for working at heights. The WaHR are subordinate regulations to the Health and Safety at Work Act 1974.
The Work at Height Regulations 2005 defines working at height as meaning any work that takes place where a person could fall a distance that can cause personal injury.
“Work at height” means:
- a) Work in any place, including a place at or below ground level.
- b) Obtaining access to or egress from such place while at work, except by a staircase in a permanent workplace, where, if measures required by these regulations were not taken, a person could fall a distance liable to cause personal injury.
The HSE website provides further explanation of working at height. You are working at height if you:
- Work above floor/ground level
- Could fall from an edge, through an opening or fragile surface or,
- Could fall from ground level into an opening in a floor or a hole in the ground.
No matter whether you are working on a construction site on scaffolding or in a supermarket stacking shelves, if the job requires you to work off the ground, risk assessments will need to be carried out and ‘Work at Height’ regulations will need to be adhered to.
What should employers do to prevent falls from height?
Legislation states that employers should conduct sufficient risk assessments of the workplace to assure that certain safety measures are in place to protect their employees. The regulations address the many risks that are involved while working at height.
An employer has a duty of care to ensure that their employees are safe whilst at work and protect them from danger as much as is reasonably possible.
On scaffolding platforms, robust scaffolding systems should be implemented, for example, a double guard rail should be in place to prevent you from falling.
Depending on the height, safety harnesses should be worn. Restraint lanyards could also be used to prevent the employee from reaching the edge of an area where they’re at risk of falling.
Risk Assessments
Method statements should also be prepared for every task. This should set out: the risks involved with that particular task, how to perform the task in a safe manner that should prevent injury.
Risk assessments should make sure that:
- All risks are documented
- All surfaces are sturdy and free from obstacles, wherever possible
- All equipment is in good working order with minimal risk of malfunctioning while performing the task
- All appropriate training has been undertaken by the employees carrying out the task, so that they are safe and know the risks involved and what to do in case of an emergency
- Employees are provided with PPE (personal protection equipment)
- Steps must be taken to minimise the distance and consequence of any potential fall
What are employees’ responsibilities when working at height?
Even though employers must ensure that the employees are safe, the employees also have a general legal duty to take reasonable care of their own health and safety, as well as other employees. You must have a sensible, pragmatic approach when working at height to prevent additional risks.
Employees must undergo sufficient training in this area before carrying out any task and make sure that they are competent for the task. They must have sufficient skills, knowledge and experience to safely complete the task.
Work undertaken must be pre-planned before starting the job. For example, what tools and materials will need to be used, consideration of the weather, etc. If provided, all appropriate PPE must be worn. If any PPE or machinery is faulty, this must be reported straight away to the Health and Safety Inspector.
If reasonable steps are not taken to protect your own health and safety and you are involved in an accident, that could have been easily prevented, you may be unable to pursue a claim.
What constitutes as ‘competent’ to work at heights?
People who have been trained should be employed for the job of working at heights. They should have sufficient knowledge, skills and experience to be employed to perform the task. Alternatively, they should work under the supervision of somebody competent to do the task.
If the task is low-risk (for example using ladders for a period of no more than 30 minutes), competent may be receiving instruction on how to use the equipment safely. Training on this nature usually takes place on the job and will not require ‘classroom’ training.
I have been injured after falling from a height at work – can I make a claim?
Whether you are an employee, agency worker or contractor you may be able to make a claim for an accident at work.
In many industries, companies tend to hire contractors and self-employed workers to carry out work on projects. It is a misconception that self-employed workers are always responsible for their own workplace health and safety.
Whilst it is true that they would usually have to take out their own insurance to cover certain aspects, in some circumstances they can claim if they are injured due to the actions of an employed person.
Depending on the relationship between the company and contractor, a self-employed contractor may be able to establish that the accident and subsequent injury was caused by another person or company. This is largely because the self-employed person will usually have no control over the health and safety and/or risk assessments for the site they are working on.
What can I claim for an accident at work?
Each Employers’ Liability case is assessed individually and is dependent on supportive medical evidence. You can claim for:
Made for the pain, suffering, and loss of amenity of life that are evidentially linked to the accident at work directly. The pain and suffering element of the award compensate for all past, present, and future physical and psychiatric symptoms.
Loss of amenity means the inability to complete activities, either temporarily or permanently, after an accident, which could be undertaken before. This is an award designed to compensate you for the actual injuries suffered, and the effect those have had on your quality of life.
Compensates for any financial losses or out-of-pocket expenses as a result of the accident at work. This would include (but not limited to) loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers.
If you are unable to do tasks like gardening, walking the dog, and have to pay for these services as a consequence of your accident and subsequent injuries, these can also be claimed for.
This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as Smith v Manchester award. This is where it can be proved that as a result of your injuries, there is a risk you would find it more difficult to obtain similar employment.
However, an injured person has a duty to take reasonable steps to minimise their losses/expenses. This is called mitigation of losses, and a Court will assess whether or not the loss was reasonably incurred, before making an award.
Is there a time limit to make a claim?
Legal proceedings must be commenced within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to make a claim for compensation.
If a loved one has deceased, the time limit for bringing a claim is 3 years from the date of death.
Why should I use Oakwood Solicitors Ltd?
Oakwood Solicitors Ltd is an expert in Employers’ Liability cases and has over twenty years of experience in running and pursuing these cases.
We will ensure that we update you at every stage of the case and you will have a dedicated handler from the very beginning. It can be very stressful after an injury and our team can assist you by breaking down the legal jargon during the process and listening to you.
When you instruct us, you can expect a friendly, down to earth approach together with extensive knowledge of the field which will be used to fight tenaciously with the insurers to achieve the maximum level of compensation possible for you.
Further reading
Accidents at work – Oakwood Solicitors
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Alex Singleton joined Oakwood Solicitors in April 2021 as an experienced Paralegal, having worked in Personal Injury since 2018. Currently, Alex works in the Employers’ Liability and Public Liabilit…
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