Solicitors firm warns of dangers from falls after fatal accident

A firm of solicitors has spoken out after a firm was fined following an accident in which a man fell to his death while working on a stepladder.

Leeds-based Winston Solicitors LLP said the death of Rocco Carofalo was avoidable and was evidence that some firms do not take the health and safety of their employees as seriously as they should. Mr Carofalo was working as a handyman for Overpride Wholesale Ltd in London in April 2009 when the accident happened. He was building shelving in a storeroom at Ovenpride’s premises when he fell off a stepladder he had been working on. He was found on the floor, with blood pouring from a severe head wound and died later in hospital.

The Health and Safety Executive, in its subsequent investigation into the incident, ruled that the access equipment had been unsuitable with the stepladder, in particular, in a poor condition. It immediately issued a Prohibition Notice stopping anybody on the premises from working at height.

The company pleaded guilty to breaching section 2 (1) of the Health and Safety at Work Act 1974 and was fined £300 with the HSE saying that Ovenpride’s managers should have carried out a full risk assessment and that they were ultimately responsible for “assessing and planning the work and ensuring that it is carried out in a safe manner using suitable access equipment”.

The act states that: “it shall be the duty of every employer to ensure so far as is reasonably practicable, the health, safety and welfare at work of all his employees”.

Winston Solicitors pointed out other legislation relating to this area of work, namely the Work at Height Regulations 2005 which apply to all work from height where there is the risk of a fall that could result in personal injury. The regulations place an obligation on those responsible to ensure that all work at height is suitably planned and organised, that those involved in the work are competent, that a risk assessment is carried out and that the equipment used is properly inspected and maintained.

The death of Rocco Carofalo is further evidence that falls from height are the most common cause of fatalities in the workplace. The most recent statistics, from 2008/09 show that there were 35 deaths which were directly caused by a fall from height while there were 7,065 injuries which caused the worker involved to be off work for three days or more.

Speaking about the risks apparent from working at height, Martin Nolan, a partner at Winston Solicitors, said: “Risk assessments and adequate staff training are essential in the modern workplace. Employers must understand that the regulations are now established law and ignorance will not save you from a fine if the worst happens.”

For more information about claims involving falls from height whilst at work as well as the services on offer at Winston Solicitors LLP, please contact Martin Nolan on 0113 320 5000.

Aachen provides advice to help reduce the risk of falls from height and provide information about how to make a claim if you've been injured. http://www.aachenconsultancy.co.uk/

112 Street Lane
Leeds, LS18 5QR
United Kingdom

This release was published on openPR.