November 2024 Newsletter

A father-of-three was left paralysed from the chest down after falling through a ceiling at a house renovation in Derbyshire.

Chesterfield builder Andrew Clifford remained lying face down on the floor for around six hours before he was found by a delivery driver. He judged the time by hearing hourly news bulletins from his radio.

Andrew had been working alone installing first-floor joists during the construction of a house on Main Road in Dronfield. The 51-year-old was carrying out the work on behalf of Paul Freeman Limited – a Mansfield-based company he had worked with for around 20 years.

The Health and Safety Executive (HSE) has prosecuted the company for failing to properly plan work at height.

On the morning of 31 October 2022 Mr Clifford slipped and fell from the first floor to the ground below and was left unable to move.

He spent nearly five months in hospital, with the injuries to his spinal cord so serious they left him paralysed from the chest down, with only limited movement in his hands and arms.

Speaking about the day that changed his and his family’s lives forever, Mr Clifford said: “The first thing I recall after my fall was landing on my head.

“From that point it was a very strange feeling as from when I landed, I felt no pain and I couldn’t understand why or that I couldn’t get up.

“My radio was on and I judged the time by the news. After an hour, I tried to move again and this carried on for around three hours. Eventually, I realised this was serious and I thought I’d better stay still as I didn’t want to cause further injuries.

“This wasn’t the type of street where people were walking past and as it started to get dark I was getting really worried.

“When I was found by the delivery driver I heard him shout out, ‘hello, hello, hello’.

“I think I fell between 9am and 9.30 and wasn’t found until 3pm.”

He went on to say how being a builder was a job he loved and described the impact the incident has had on his everyday life.

“I can’t do anything I used to love doing before,” he said.

“Simple things like doing the gardening, washing the car and jobs around the house.

“I can’t even wash or dress myself now.

“I haven’t been upstairs in my house since the accident – my wife and three daughters all sleep upstairs and I sleep alone downstairs.

“Another thing that really upsets me is the thought of not being able to walk my daughters down the aisle when they get married.”

An investigation by the Health and Safety Executive (HSE) found that Paul Freeman Limited failed to ensure that work at height had been properly planned and, as such, no measures had been implemented to prevent falls during the construction of the first floor. Mr Clifford had not been provided with suitable instruction as to how the work should be carried out and was therefore left to work this out on his own.

Working at height remains one of the leading causes of death in the construction industry and HSE has detailed published guidance on minimising the risks associated with it.

Paul Freeman Ltd of Synergy House,  Acorn Business Park, Commercial Gate, Mansfield, Nottinghamshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 at Derby Magistrates’ Court on 4 November 2024. They were fined £40,000 and ordered to pay costs of £6,263.

HSE inspector Sara Andrews said: “My thoughts remain with Andrew and his family, whose lives have changed dramatically as a result of this preventable incident.

“This case highlights the importance of undertaking a thorough assessment of the risks for all work at height activities and the need to ensure that, where work at height cannot be avoided, suitable control measures are implemented to minimise the risk of serious injury.

“This is even more significant when lone working.”

This prosecution was brought by HSE enforcement lawyer Neenu Bains and paralegal officer Rebecca Forman.

Britain’s workplace health and safety regulator, the Health and Safety Executive (HSE), is calling on all employers during Stress Awareness Week 2024 to carry out their legal duty to prevent work-related stress and support good mental health at work.

HSE figures show the average employee suffering from work-related stress, depression or anxiety took an average of 19.6 days off work, almost the equivalent of a month’s working days, with an estimated 875,000 cases in 2022/23.

HSE’s Working Minds campaign provides employers with simple steps to prevent days lost due to work-related stress.

Kayleigh Roberts, Work-Related Stress and Mental Health Policy Lead at HSE, said: “Our statistics clearly outline that there is a work-related stress issue in Britain and we want this to change. A total of 17.1 million working days were lost in 2022/23, and this figure has a serious cost to the individual and to the business. Employers can make a difference by understanding and fulfilling their legal duty to prevent work-related stress and support good mental health at work.

“That is why we are reminding employers during Stress Awareness Week that it is critical they recognise the signs of work-related stress and get to the root causes behind this issue. Prevention is better than cure and understanding the risks is the first step to preventing them.”

The legal duties for employers are:

• Carry out risk assessments for stress and act on them.

• Take steps to prevent work-related stress.

• Organisations with fewer than five employees don’t have to write anything down (but it is useful to do this, for future review)

• Organisations with five or more employees, are required by law to write the risk assessment down.

There are six main areas that can lead to work-related stress if they are not managed properly. These are: demands, control, support, relationships, role and change. Factors like skills and experience, age, or disability may all affect someone’s ability to cope.

HSE offers employers free risk assessment templates and free online training to help bosses keep their workforce healthy.

Kayleigh added: “Although tackling stress may appear daunting for some employers, failing to recognise the signs of work-related stress and acting on them can result in reduced productivity, sickness absence or even losing a valued member of staff. I would urge all employers who are looking for guidance to seek help through our Working Minds campaign, which helps companies follow five simple steps.”

Working Minds calls on employers to follow the five Rs. They are to Reach out and have conversations, Recognise the signs and causes of stress, respond to any risks you’ve identified, Reflect on actions you’ve agreed and taken, and make it Routine.

Andrew Berrie, Head of Corporate Partnerships at Mind, said: “We’re delighted to continue to support HSE’s Working Minds campaign. Mind has long been working with employers of different sizes and sectors to help them create mentally healthy workplaces, but as these insights show, this has never been more important.

“While many of us will face pressure in our working lives, unchecked and unmanageable pressures can lead to strain and can have a debilitating effect, resulting in stress. Stress can cause mental health problems and make existing problems worse. For example, if you often struggle to manage feelings of stress, you might develop a mental health problem like anxiety or depression.

“It is vital that employers take steps to mitigate against work-related stress and create an environment in which employees can have open and honest conversations about triggers of stress and poor mental health. This can start with just a simple, person-centred conversation between managers and their teams.”

Jenny Scott, Head of Communications at NEBOSH, said: “The statistics show a worrying picture of the mental ill health that people experience because of their work. But it doesn’t have to be this way. We are delighted to continue our support for the Working Minds campaign, which provides great resources for employers who want to foster good mental health and prevent work-related stress. We will also welcome the HSE’s Phoebe Smith to the NEBOSH Online Conference this November where she will guide delegates through the essential steps of creating a work-related stress risk assessment.”

There are three main reasons employers should prevent work-related stress and support good mental health; it’s the law, it’s good for business and it’s the right thing to do.

https://iceriskmanagement.co.uk/construction/ 

CDM ADVICE

ICE Risk Management can provide advice and assistance to duty holders undertaking construction works regarding their duties under the Construction (Design and Management) Regulations 2015 (CDM Regulations). The duty holders can include:

• The organisation initiating the construction works (the Client).
• The organisation appointed by the Client to take control of the pre-construction phase of any project involving more than one contractor (the Principal Designer).

The advice and assistance can include:

• Contract strategy on the overall CDM framework for the project.
• Notification of the project to the Health and Safety Executive (where required).
• Appointment of duty holder organisations e.g. development of assessment criteria, review of submissions.
• Development of documentation e.g. the Pre-construction Information, Health and Safety File.
• Review of documentation e.g. the Construction Phase Plan, Risk Assessments / Method Statements.
• Undertaking design risk management activities, including managing Hazard Identification / Risk Management workshops, developing Hazard Logs / Risk Assessments.

Undertaking monitoring / auditing of the duty holder’s management arrangements.

Interested in learning more?