A builder has been prosecuted after a worker fell from a scaffold and suffered serious injuries at a construction site in Heanor, Derbyshire.

Nicholas Lawrence Birkin of Beach Road, Nottingham pleaded guilty to breaching Regulation 6(3) and Regulation 8(a) of the Work at Height Regulations 2005. He has been fined £2,400 with £840 in costs.

Derby Magistrates' Court heard that the employee fell five metres from scaffolding at the site on 22 April 2017. His injuries included deep lacerations to his face, which required 40 stitches along with a fractured eye socket and wrist.


A Health and Safety Executive (HSE) investigation found the worker, who was working under the control and direction of Mr Birkin, was using an electric hoist and wheelbarrow to lift roof tiles up to the scaffold platform. The scaffold guard rails had been removed from a 1.6 metre-wide section to facilitate the lifting operation. However, the worker fell while attempting to tighten the fittings securing the hoist.

Speaking after the hearing HSE inspector Andrew Bowker said: "Those in control of work at height have a responsibility to ensure that safe methods of work are used.

"This incident could have been fatal, Mr Birkin failed to provide other means of falls protection once the scaffold guard rails had been removed.

"Following the accident, the defendant hired in a conveyor type tile hoist which has enabled the job of lifting roof tiles to be done with the scaffold guard rails still in place. This has delivered both a safer and more productive site at relatively little cost."

(LM/MH)