The worker who fell injured herself in the accident, suffering amongst other injuries, a fractured rib as she was on a structural girder used for access to cleaning.
Health and Safety Executive inspector Scott Mckinnon stated that the worker had been “exposed to unnecessary risk.”
The employee was cleaning the side of a flour hopper at the factory on 28 November 2008 when the incident occurred. In the fall she sustained a fractured rib, bruising and a cut leg.
Worse still it appears that she was fortunate that the drop was only 4ft, as she landed on a bulk container below without which she would have fallen nearly twice as far and no doubt suffered graver injury.
The company pleaded guilty to a charge under section 6(3) of the Work at Height Regulations 2005 and it appears that there was no barrier in place to stop her from falling or any other measure to limit the distance that she would drop in the event of an accident.
It should however be noted that the company has taken steps since the work accident claim to implement procedures to ensure such an accident does not occur again in the future. With her employer having conceded liability for circumstances that led to this accident in addition to the claim brought by the Health and Safety Executive the worker herself would be able to make a claim, if she hasn’t already, for the injuries she suffered. However, if she has yet to make a claim, she will need to bring it within three years of the accident in order for the court to consider it, or else she will be outside of the limitation period for bringing a claim.