• Robert Spicer

Scaffolding death in Scotland: health and safety prosecution

Scaffolding death: £40,000 fine

Crown Office and Procurator Fiscal Service v Extra Access Ltd (2015) Hamilton Sheriff Court, July 31

Extra Access Ltd, a Glasgow scaffolding company, has been fined following the death of a worker.

Significant points of the case

  • In September 2011 James Baillie, a roof worker, was carrying out roof work at a property in South Lanarkshire.

  • He fell through a scaffold tower deck six metres to the ground and suffered fatal injuries.

  • The deck was in a poor state of repair because of brown rot decay. When Baillie walked on it, it broke.

The company was fined £40,000 for a breach of section 3, HSW Act, for failing to ensure the health and safety of non-employees.

An HSE inspector commented after the case that there was no excuse for allowing the use at work of mobile tower access components which were in such a poor condition. The scaffolding industry was well aware of the risks involved in this type of work.

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