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The dangers of scaffolding: builder avoids immediate prison sentence

20 Aug 2024

A builder has been given a suspended prison sentence after he put the lives of workers at risk on a construction site in London.

David Beadle, trading as Beadle the Builders, failed to comply with a prohibition notice issued by the Health and Safety Executive (HSE) in relation to unsafe working at height at the site in South East London.

A proactive investigation by HSE found Beadle allowed workers under his control on at least three occasions to continue using a scaffold that was not properly constructed. It was a potentially dangerous structure at risk of collapse and in breach of the prohibition notice.

Beadle also failed to ensure that suitable and sufficient measures were in place to prevent workers falling a distance that would have caused personal injury. No edge protection had been installed to the side of the roof, the flat dormer roof, the front elevation of the roof, and safe access was not provided.

He was given a 26-week custodial sentence, suspended for 12 months and was told to complete 150 hours of unpaid work.

The law requires that employers and self-employed contractors assess the risk from work at height and go on to organise and plan the work so it is carried out safely.

Suitable precautions must be taken to prevent falls. General access scaffolds provide a means of working at height while preventing falls and should be provided whenever practicable.

However, the use of scaffolds presents dangers of its own, which must be addressed.

Scaffold design
It is a requirement of the Work at Height Regulations 2005 that unless a scaffold is assembled to a generally recognised standard configuration, such as National Access and Scaffolding Confederation (NASC) Technical Guidance TG20 for tube and fitting scaffolds or similar guidance from manufacturers' instructions for system scaffolds, the scaffold must be designed by bespoke calculation, and by a competent person. This will ensure the scaffold will have adequate strength, rigidity and stability while it is erected, used and dismantled.

At the start of the planning process, the user must supply relevant information to the scaffold contractor to ensure an accurate and proper design process is followed. Typically, this information should include:

  • Site location.
  • Period of time the scaffold is required to be in place.
  • Intended use.
  • Height and length and any critical dimensions which may affect the scaffold.
  • Number of boarded lifts.
  • Maximum working loads to be imposed and maximum number of people using the scaffold at any one time.
  • Type of access onto the scaffold e.g. staircase, ladder bay, external ladders.
  • Whether there is a requirement for sheeting, netting or brickguards.
  • Any specific requirements or provisions e.g. pedestrian walkway, restriction on tie locations, inclusion/provision for mechanical handling plant e.g. hoist).
  • Nature of the ground conditions or supporting structure.
  • Information on the structure/building the scaffold will be erected against together with any relevant dimensions and drawings.
  • Any restrictions that may affect the erection, alteration or dismantling process.

Prior to installation, the scaffold contractor or scaffold designer can then provide relevant information about the scaffold. This should include:

  • Type of scaffold (tube and fitting or system).
  • Maximum bay lengths.
  • Maximum lift heights.
  • Platform boarding arrangement and the number of boarded lifts that can be used at any one time.
  • Safe working load/load class.
  • Maximum leg loads.
  • Maximum tie spacing both horizontal and vertical and tie duty.
  • Details of additional elements such as beamed bridges, fans, loading bays etc, which may be a standard configuration or specifically designed.
  • Information in relevant drawings if appropriate.
  • Any other information relevant to the design, installation or use of the scaffold.
  • Reference number, date etc. to enable recording, referencing and checking.

All scaffolding must be erected, dismantled and altered in a safe manner. This can be achieved by following NASC's Safety Guidance SG4 Preventing falls in scaffolding operations (PDF) or by following similar guidance provided by the manufacturers of system scaffolding.

Competence and supervision of scaffolding operatives
All employees must be competent for the type of scaffolding work they are undertaking and should have received appropriate training relevant to the type and complexity of scaffolding they are working on.
Employers must provide appropriate levels of supervision, taking into account the complexity of the work and the levels of training and competence of the scaffolders involved.

As a minimum requirement, every scaffold gang should contain a competent scaffolder who has received training for the type and complexity of the scaffold to be erected, altered or dismantled.

Trainee scaffolders must always work under the supervision of a trained and competent scaffolder. Operatives are classed as 'trainees' until they have completed the approved training and assessment required to be deemed competent.

Erection, alteration and dismantling of all scaffolding structures (basic or complex) should be done under the direct supervision of a competent person. For complex structures this would usually be an 'advanced scaffolder' or an individual who has received training in a specific type of system scaffold for the complexity of the configuration involved.

Scaffolding operatives should be up to date with the latest changes to safety guidance and good working practices within the scaffolding industry.

Guidance on the relevant expertise of scaffolding labourers, trainee scaffolders, scaffolders and advanced scaffolders including details of which structures they are deemed competent to erect can be obtained from the Construction Industry Scaffolders Record Scheme (CISRS) website.

Scaffold inspection
It is the scaffold user’s/hirer’s responsibility to ensure that all scaffolding has been inspected as follows:

  • Following installation/before first use.
  • At an interval of no more than every seven days thereafter.
  • Following any circumstances liable to jeopardise the safety of the installation e.g. high winds.

All scaffolding inspection must be carried out by a competent person whose combination of knowledge, training and experience is appropriate for the type and complexity of the scaffold. Competence may have been assessed under the CISRS or an individual may have received training in inspecting a specific type of system scaffold from a manufacturer/supplier.

A non-scaffolder who has attended a scaffold inspection course, e.g. a site manager, could be deemed competent to inspect a basic scaffold structure.

The scaffold inspection report must note any defects or matters that could give rise to a risk to health and safety and any corrective actions taken, even when those actions are taken promptly, as this assists with the identification of any recurring problem.

Further guidance from the HSE is available here

Scaffolding and its safe use is covered in International Workplace's half-day course on working at height. The Working at height classroom course helps learners understand the dangers associated with working at height and implement ways to minimise and control the risks.

Find out more here.