Mobile tower had a single guard rail

The accident

On 15 September 2017, Sean Harding (H) was working from a mobile tower scaffold (MTS) in order to correct the position of a steel beam. To do so he used a crowbar to lever the beam up whilst a work colleague was to insert a metal packer in the gap. However, in the process his jacket sleeve caught on a protruding scaffold pole and he lost his balance, falling over a single guard rail positioned at the edge of the MTS. He was taken to hospital but died three months later due to complications.On investigation it emerged that the reason a single guard rail had been installed was because the ceiling height was insufficient for the full structure. However, inspectors found that it could have been configured differently with space for the level of edge protection required.

In court

Peter Saunders Builders Ltd pleaded guilty to breaching Regulation 8(a), Work at Height Regulations 2005 (WAHR) and was fined £16,000 with £5,139 in costs. Regulation 8(a)WAHR requires that guard rails and barriers comply with schedule 2. These are to be used whenever there is the potential for a fall liable to cause injury.

Note. This part of the WAHR uses the terminology “shall” and “comply”. It doesn’t suggest that you should do what is “reasonably practicable”.

The schedule

Schedule 2, WAHR describes the requirements for construction work edge protection (see The next step ) including a top rail of at least 950mm.

Tip. Usually an intermediate rail is installed to reduce the gap in the railings, but an alternative way of achieving the standard required is to use a solid barrier. The end result should be a barrier with no gap greater than 470mm.

Tip. From the comments made in the HSE’s press release, it appears that in this case the MTS could have been set at a lower level, giving more headroom and space for the usual double guard rail.

Tip. A toe-board is also required both to prevent a foot slipping beneath the rail and to stop materials and tools from rolling off the edge. Note. There are no longer rules within the regulations regarding the height of toe-boards although it’s usual for them to be at least 150mm tall.

What other standards apply?

Any barriers for preventing falls, whether for construction work or otherwise, must also have sufficient strength and rigidity and be secured to a strong enough structure.

Tip. Whilst it’s ideal to use a ready-made system for work at height, such as an MTS , there are times when it’s not possible to fit one in the space. You could have a scaffold company build something instead, or you create a temporary structure, provided it meets Schedule 2.

Warning. The dimensions described of 950mm height and a maximum 470mm gap are for construction work. In many other scenarios the top rail should be 1100mm and the gap, much smaller. Follow the relevant rules (see The next step ).

For an extract from the HSE website regarding non-construction environments and guard rails, visit https://www.tips-and-advice.co.uk , Download Zone , year 20, issue 11.