Scaffolding Company Fined £28,000 After Dropped Tool Poses Serious Risk

A scaffolding company has been fined £28,000 by the Royal Court following an incident in which a battery-powered ratchet tool fell from height onto a busy street, narrowly missing pedestrians.

Access Ltd, trading as Access Scaffolding, admitted to breaching health and safety regulations by failing to take all reasonably practicable steps to prevent the risk of falling objects endangering the public.

The incident occurred in January 2024 while the company was erecting scaffolding in a busy pedestrianised area. CCTV footage captured a man reacting in shock as the tool landed on the road just behind him. A nearby witness reported the incident to the Health and Safety Executive (HSE), prompting an official investigation.

During sentencing, the judge emphasised that companies operating in high-risk industries have a duty to safeguard both their employees and the general public. Explaining that the tool, weighing between 2.3kg and 3.8kg, had dropped several meters into an area filled with pedestrians. Given its weight and height of descent, the potential for serious injury or even fatal consequences was significant. Investigations revealed that the ratchet tool had been kept in a holster but was not tethered securely.

Additionally, it was found that Access employees were retrieving materials from a lorry parked across the street, forcing pedestrians to walk through what had effectively become a construction zone. Prosecutors argued that inadequate risk assessments and method statements contributed to the failure. Furthermore, of the four employees working on-site, two lacked proper training, while the remaining two had expired training certificates. Crucially, no supervisor was present at the time.

Access Ltd, which had no prior convictions but had previously come to the HSE’s attention for safety concerns related to working at height, accepted responsibility for the incident.

The court heard that the ratchet tool had been attached to a worker’s tool belt with a plastic clip but became detached when he climbed through a hatch between decking levels. While the lead charge hand was working higher up the scaffold at the time, the defence disputed claims of a complete lack of supervision, arguing that oversight does not require constant observation.

Dave Randles, SIMIAN Operations Director, said:

“This incident highlights the critical importance of robust health and safety measures when working at height. Every scaffolding and construction site must have clear procedures in place to prevent falling objects and protect both workers and the public. Proper training, supervision, and risk management aren’t just legal requirements—they are fundamental to ensuring that everyone goes home safely at the end of the day. At SIMIAN, we are committed to driving the highest safety standards across the industry to prevent avoidable accidents like this.”

In her ruling, the judge criticised the company for initially misrepresenting the timeline of events to the HSE regarding the movement of safety barriers. She also pointed out that Access Ltd had previously been advised to improve its health and safety protocols, even though past incidents were unrelated to this case. These factors contributed to the severity of the penalty imposed.

Despite a strong defence submission, the court concluded that the company had failed to provide adequate employee training and on-site supervision, ultimately leading to preventable risks.

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