CC Developments Ltd (CC Ltd) is in the process of refurbishing a sports complex.

On the 1 May 2021 one of CC Ltd.s employees was working from scaffolding. The worker reached out to start repair work on a window when the scaffolding collapsed. The worker fell to ground and died instantly. As this was happening a member of the public was walking past the area. The scaffolding hit the member of the public on the head causing a fractured skull.

During an initial investigation it was discovered that there were several problems with CC Ltd.s health and safety measures and procedures. It was discovered that the health and safety policy was substantially out of date. The risk assessment for the work was incomplete. There were no health and safety monitoring and reviewing procedures within the company. The worker had not been trained to work at height. The scaffolders had warned the company that the scaffolding was old and needed replacing but this had been ignored. There were no kick plates or meshing on the scaffolding.

Discuss the potential breaches of health and safety law arising out of the above incident. Include in your answer reference to any possible investigatory and enforcement action available to a health and safety inspector.

Where appropriate, refer to relevant case law

UK Law