This month’s contract clinic question comes from an experienced advocate and advisor specialising in regulatory compliance. Claire Burrows at Brabners LLP, provides guidance on the legal implications on a refurbishment project where the scaffolding has blown down.
The question
The scaffolding on a mill refurbishment project we’re working on near Leeds has collapsed in recent high winds, injuring a member of the public and causing damage to both our project and a neighbouring building. What action do we need to take to minimise legal costs?
The answer
For any construction business, this kind of incident is a legal, financial and reputational crisis. So, what steps should be taken to manage the fallout and minimise legal costs?
The immediate priority is safety. Emergency services should be contacted, and the injured party must receive medical attention. The site must be secured to prevent further harm and preserve evidence.
Next, document the scene thoroughly. Capture photographs of the collapse and surrounding damage, gather witness statements and record site conditions, including weather and any relevant activity.
This information will be vital for legal defence and insurance claims.
Legal reporting obligations
Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), this incident must be reported to the Health and Safety Executive (HSE). Injuries to members of the public caused by work-related accidents are reportable.
Scaffold collapses may also qualify as dangerous occurrences, particularly if a substantial part of a scaffold more than five metres high collapses or a working platform falls.
Failure to report promptly is a criminal offence and can result in prosecution and fines.
Read the full response in Construction management magazine
If this is something you need any assistance with, please get in contact with the team.