Company fined £15,000 after grandmother struck by pole

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Company fined £15,000 after grandmother struck by pole



Published on Friday 21 October 2011 08:00


MONTHS after a grandmother was struck on the head by a falling pole, a Worthing company has been sentenced for breaking health and safety laws.


On February 7 this year, Carroll Taylor was struck by a scaffolding pole in the alleyway between Union Place car park and Chapel Road.

At the time, Caroll told the Herald she was “lucky to be alive” after the 5ft pole “gouged flesh” from her skull and left her with injuries to the head and face.

At Worthing Magistrates’ Court on Tuesday (October 18), the company responsible for erecting the scaffolding, Sussex-based Ashacre Scaffolding Limited, was fined £15,000 and ordered to pay prosecution costs of £5,936.83, as well as a victim surcharge of £15.

During the hearing, Julia Thomas, for the Health and Safety Executive, said Ashacre had been contracted to provide scaffolding to enable the Connaught Theatre’s guttering to be cleared.

With the gutters cleared, Ashacre was instructed to remove the scaffolding, which was considered a potential danger to the public.

Three workers from Ashacre attempted this on February 7, but Ms Thomas said proper health and safety measures had not been taken, such as restricting public access to the area they were working in and installing signs letting people know work was taking place overhead.

The court heard at around 2pm that day, Mrs Taylor entered the alleyway while her husband was paying to park in Union Place car park, when the pole struck her, leaving her needing hospital treatment.

Ms Thomas said: “Although Mrs Taylor received an injury, it’s just a matter of fortune that it wasn’t more serious.”

John Joseph, defending, said a last-minute change of weather, which led to gusty conditions inside the alleyway, meant the group had to abandon their original plans to dismantle the scaffolding.

He said a “freak” gust of wind led to the pole falling down the ladder hole, striking the wall, then hitting Mrs Taylor.

And, because of legislation, he said the workers had been unable to cordon off the area to the public without previously applying for a prohibition notice from Worthing Borough Council.

Following the sentencing by District Judge Stephen Nicholls, Mr Joseph said if his client had to pay the fine and costs, Ashacre Scaffolding Ltd would close.
 
has anyone tried stopping the public walking under the scaffold while erecting or dismantling scaffold on some of these small jobs, its fcukin impossible at times they just move cones, barriers etc etc or stand and argue with you, the public is totally dense at times and just walk straight underneath you, they dont even walk around the scaffold they walk under it.
 
i second that superscaff! they walk under a job like zombies no matter whats happenin above. no matter what u obsticles i put in place they get round em.
ashacre are a good firm here on the south coast. it'd be a fkn shame if they go down cos they cant pay the costs & fines.
 
yeah we see it everyday mate , there is only so much you can do , or so much kit you can carry on a wagon, before it becomes a total headache and of course the cost of it all.

It amazes me how many people you see pushing prams an pushchairs underneath scaffolds, and when someone gets hurt 99% of the time the courts will favour the victim regardless of the circumstances, obviously I dont know the full facts of this particular accident I just wish everyone involved good luck for the future
 
a company down my way had a solictor phone them saying someone banged there head on top of the scaffolding and they wanted to claim when the owner of the firm asked how tall the bloke was who banged his head solictor asked why, bloke turn round and said because the 1st lift is 8ft high there was no more said about it, someone just wanting a claim for something what need not happen makes me sick.
 
what tony so we now have to carry big barriers and big signs to warn the public about the blatantly obvious while doing everyday small maintainance scaffolds on the street, we better go buy bigger wagons cos my 7-5 tonners are going to be able to cope much longer. :)
 
"I think whats needed is bigger barriers and better signage. "

I always use a big nasty looking labourer,earings,scars and tat's to scare the fecking idiots away :mad:

find it more effective :rolleyes:
 
If it stops brain dead members of the public from being injured and scaffold firms being dragged through the courts then the answer has to be yes.
 
i dont want accidents or injuries to anyone or anything but there has to come a point when people take resposibility for themselves use a bit common sense and walk around instead of under the scaffold, instead of being clever, ignorant barstewards too bone idol to walk the safe way round, scaffolders have enough to think about without having to baby sit the public aswell :evil:
 
Just down the road from me that , another decent firm fined silly amounts
 
I can only agree with you Superscaff, we have had plenty move the red plastic barriers so now we erect tube barriers that can't be shifted. Yes, we do babysit the public.
 
Years ago Palmers did a job in Sheffield on a Sunday, around pub closing time the lads were in a cafe opposite the job when a woman came out of the local watering hole walked down the street, saw a pile of scaffolding and threw herself on it, in an instant she was screaming blue murder and moaning to all and sundry about how she was going to sue everybody concerned, if the cafe owner had not seen this incident and told her so then another scaffold company could have ended up in court and fined a few bob, and this was before the no win no fee lawyers hit town
 
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