fuckity fuckity feck!! DPs employee has fallen off ladder and potentially broken arm

[LEMAGAIN]

The guy is self employed and subcontracting to my DP. DP has employee liability on his public liability insurance. It was an accident, ladder is in working order - think the guy overstretched or something. Have no idea if my DP will be liable for this or not - please God not, this will finish the business once and for all What, if anything, should we do?

The guy is fine, he insisted on carrying on working despite my DP offering to take him to hospital but his arm got worse so DP took him in. Waiting on him to call DP to pick him up. The guy is a nice bloke apparently and a good worker. Is there any health and safety issues ive missed here - it was a step ladder, only from about 6ft i think, only arrrggghhhhhh

Shitting my pants to be honest.

I did speak to DP about this and he is adopting the head in sand approach im afraid and hoping the guy doesnt make a claim - thing - he reckons if the guy doesn't say anything then he wont make a claim, like d'uh!! I told him the first thing he knows about it will be the solicitors letter.

The whole question of whether he is an employee (he isn't) or a sub-contractor, or contractor is quite vague i suppose. I just give up, DP doesn't seem to want to face up to this - i think forwarned, but there just seems so much to think about that i don't know where to start - DP has said that better not to open the can of worms. I would rather do it all properly and at least have some of the relevent docs in place etc. I suggested he at least fill an accident form in but he wont - at least that way, the guy can write down what he did IE: using the ladder incorrectly.

Your dh MUST fill in an accident book. Grrr at men who think they can make up the rules as they go along. It will just help cover his back. We have sadly been the victim of a couple of dubious and one downright fraudulent accident claims in the past. However if he does sue, don't worry, your public liability will cover it but they will want to see paperwork.

kc3 , yes if a subbie hasn;t yet registerd there is an emergency tax you deduct. I thought it was 20% but could be wrong, not had to do that yet.

Lemagain. I can also send you a copy of our sub-contractors questionnaire we send out to all our subbies. It would probably be a bit in depth for your dp's requirements but a simplified version may help prevent this sort of thing happening in the future.

Off Riddor site :

f you are an employer
If you are an employer, you must report any work-related deaths, injuries, cases of disease, or near misses involving your employees wherever they are working by calling the Incident Contact Centre as soon as possible, or report using an alternative method[2].

If you are in control of premises,

If you are in control of premises, you must report any work-related deaths and injuries to members of the public and self-employed people on your premises, and near miss incidents that occur on your premises. Just call the Incident Contact Centre on 0845 300 99 23, or report using an alternative method[3].

If you are self-employed
If you are working in someone else?s premises and suffer either a major injury or an over-three-day injury, then the person in control of the premises will be responsible for reporting, so, where possible, you should make sure they know about it.

All they have to do is call the Incident Contact Centre and answer a few questions about the incident.

If there is a reportable accident while you are working on your own premises, or if a doctor tells you that you have a work-related disease or condition, then you need to report it.

Think you need to report it ASAP.

thanks for this everyone, i think ive managed to persuade DP to do something about this - he is on the phone to his brother who is going to talk to the HS guy where he works and see what he advises.

DESCRIPTION OF WORKS: USE OF LADDERS AND STEPS

SIGNIFICANT HAZARDS RISK
LOW MED HIGH

1. Falls of person from ladder / steps
2. Ladder / steps slipping
3. Objects dropped by ladder user

ACTIONS TAKEN TO REDUCE RISKS:
Compliance with:
Provision and Use of Work equipment Regulations 1992
Construction (Working Plates) Regulations 31,32 & 39
HSE Guidance Note GS 31 Safe use of ladders, stepladders and trestles
British Standard BS 1122 1990 Timber ladders, steps etc.
British Standard BS 2037 1990 Aluminium ladders, steps and trestles

PLANNING:
Ladders / steps will be checked to ensure correct length, type and condition before use.
Ladders / steps are subject to the planned maintenance programme.
Ladder / steps work is restricted to that which can be carried out using one hand only.

PHYSICAL:
The ground base for ladder must be firm and level.
The ladder must be of sufficient length to extend 1.05m above the step off point when used as access to a scaffold.
The correct angle of rest for a ladder is 75 degrees, or a base to height ration of 1:4.
Ladders must be secured against slipping, by tying at the top or bottom. Ladders may only be footed as a sole precaution against movement if less than 5 high.
Over reaching from ladders will be avoided.

MANAGERIAL/SUPERVISORY:
Supervisors must check ladders before use to ensure they are sound.
Use made of ladders will be monitored regurlarly, to ensure that operatives are not over reaching, or using two hands to work.
Damaged ladders will be broken up or removed from the workplace immediately.
Painted ladders will not be accepted for use.
Managers must check method statement supplied by sub contractors and others to ensure that ladders will be used correctly and that safe access will be available.

TRAINING:
All operatives must be trained in the safe use of ladders and the hazards which are to be avoided. This will normally be done at induction.

Working at Height Guidance

The hazards of working at height are very often over looked, which is why falls from height continues to be the biggest killer in the construction industry.

On 6 April 2005, The Work at Height Regulations 2005 were introduced. The Regulations apply to all work at height where there is a risk of a fall liable to cause personal injury. They place duties on employers, the self-employed, and any person that controls the work of others to the extent of their control (for example facilities managers or building owners who may contract others to work at height).

The Regulations require duty holders to ensure:
? All work at height is properly planned and organised;
? Those involved in work at height are competent;
? The risks from work at height are assessed and appropriate work equipment is selected and used;
? The risks from working on fragile surfaces are properly controlled; and
? Equipment for work at height is properly inspected and maintained.

The Regulations include Schedules giving requirements for existing places of work and means of access for work at height, collective fall prevention (e.g. guardrails and
working platforms), collective fall arrest (e.g. nets, airbags etc), personal fall protection (e.g. work restraints, fall arrest and rope access) and ladders.

Duty holders must:
? Avoid work at height where they can;
? Use work equipment or other measures to prevent falls where they cannot avoid working at height; and
? Where they cannot eliminate the risk of a fall, use work equipment or other measures to minimise the distance and consequences of a fall should one occur.

Prior to the amendment of the Construction (Health, Safety and Welfare) Regulations 1996 the height of two metres was given as a baseline height above which appropriate measures had to be in place to prevent falls of persons and objects. In the new regulations this baseline does not exist, measures must be in place whenever there is a risk of a person or object falling a distance that may cause harm to others or property.

When working at height the safest and most appropriate working platform must be used. When making the decision what equipment to use, you must look at what the job includes, how long will it last and where it needs to be done. It is not illegal to use a ladder to work at height but other means of access such as fixed scaffold, tower scaffold or mobile elevated working platforms should be considered, in preference to relying on ladders.

If you are considering using a ladder you must make sure that:

? The work is of short duration and involves only light work
? Three points of contact can be maintained at all times
? The work only requires one hand to be used
? The work can be reached without stretching
? The ladder can be fixed to prevent slipping
? A good handhold is available
? The ladder is safe to use and has been regularly inspected

If a mobile elevated working platform is selected then you must ensure the following:

? Only a suitably trained and competent person operates the platform
? That fall arrest equipment is provided and used by the person or persons inside the platform
? No one in the platform will climb out over the guard rails unless the platform is specifically designed to allow this
? All hand tools are secured to the platform with safety ropes to prevent them falling should they be dropped
? A suitable means of decent from the platform is provided in case of an emergency
? Maintenance and test records (dated within the last 6 months) of the equipment are available for inspection

If a mobile scaffolding tower is selected then you must ensure the following:

? It has been erected by a suitably trained and competent individual
? The relevant components show no signs of rust or damage
? A suitable means of access is provided inside the tower
? Toe boards and guard rails are provided at the suitable heights (Toe board 150mm, intermediate guard rail 470mm and the top guard rail 950mm)
? That weather and ground conditions are properly considered as these may adversely affect the stability of the tower and also it suitability for the task
? That an inspection regime is in place to ensure the tower remains safe at all times

If fixed scaffolding is selected then you must ensure the following:

? That it has been designed, erected, altered and dismantled by a competent person or the work is supervised by a competent person
? It is only erected on a firm level foundation that is capable of taking the load of the scaffold
? It is braced and tied to a permanent structure or otherwise stabilised
? If it is to be loaded then it must be appropriately altered to withstand the extra weight
? That platforms are fully boarded and wide enough for work and access
? That scaffold boards are properly supported and do not over hang excessively i.e. More than four times its thickness
? That there is a safe ladder or other means of access to the platform. If a ladder is used it must be tied off and extend at least one metre above the platform to provide a safe handhold
? It is regularly inspected and formal detailed inspections are made at least every 7 days or sooner if something occurs that may have affected its strength and/or stability

In summary, if your work involves working at height then you must ensure the safety of your employees and the general public by ensuring the most appropriate working platform is selected and that these are well maintained, the staff used to operate or erect them are competent to do so and that all appropriate safety measures have been implemented i.e. Guardrails, fall arrest equipment and safety signage are supplied

For further information on this topic please refer to www.hse.gov.uk/falls/index.htm

Ref: C008:05 HSC Work at Height Regulations laid in Parliament
INDG401 - The Work at Height Regulations 2005 - A brief guide
Height Safe ? absolutely essential health and safety information for people who work at height
CIS10 Tower Scaffolds,
CIS49 General Access Scaffolds and Ladders,
HSG150 Health and Safety in Construction
Preventing falls from boom-type mobile elevating work platforms Misc 614

Insurances.

I see from our records that we do not hold current details of your insurance.

I would be pleased if you would ask your broker/insurance company to complete the appropriate sections of the attached form and return it to me within fourteen days.

Failure to return this form or unsatisfactorily meet the insurance requirements will result in you being unable to carry out any work for this company.

Yours faithfully,

CONTRACTORS INSURANCE

THIS QUESTIONNAIRE MUST BE COMPLETED, SIGNED AND STAMPED BY EITHER
THE BROKER OR THE INSURANCE COMPANY OF THE CONTRACTOR.
BY NO MEANS MUST IT BE COMPLETED BY THE CONTRACTOR.

Name of Contractor: ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬__

PLEASE ANSWER THE FOLLOWING QUESTIONS AS FULLY AS POSSIBLE.

1. General Details

Company Name Policy Number Renewal Date

a. Employers Liability

b. Public Liability

c. Contract Works

d. Professional Indemnity

1. Name of Insured appearing on each Policy __________ _____________________ ____

1. Limits of Indemnity

Employers Liability £___

Public Liability £___

P.L. Top-up Layer £___

Contract Works £___

Professional Indemnity £___

1. List of exclusions under the Public Liability Policy which may be relevant to the

type of work being carried out: ______________ _________________ _______ _________________________

1. Please confirm that the Public Liability Policy contains a General Indemnity to Principals Clause.

Tick as appropriate Yes No ___

I certify that the information supplied on this form is an accurate statement of my client?s
Contractors Insurance in respect of this contract

___

Signed Insurer/Brokers Name

___

Date Insurer/Brokers Company Stamp

On completion of this form please return it to:

Thankyou everyone - We have now reported the incident to the HSE, waiting on their decision - feel better that we have done the correct thing. Going to ask them to send us a package or whatever to make sure that everything is water tight in future. Christ, it could have been so much worse, a friend of mine actually died when he fell off a ladder This self employment malarky is a fecking steep learning curve i can tell you.

Thanks again.