Why is gravity such a persistent challenge?

The first big safety trial I was involved with was about a fatal fall from height. A steelworker fell several stories suffering catastrophic, unsurvivable injuries. A tragic, avoidable death and complex and costly investigation and prosecution followed spanning several years.

The last case I was in court with – just last week – involved another fall from height.

What happened in between? 20 years of dealing with safety prosecutions and other regulatory issues where I can’t recall a single year – possibly not a single month - without a query about a serious or fatal fall from height.

This reflects the broader trend. Over the same period, whilst the actual number has fluctuated a little over the years but remains stubbornly present – never less than 30 fatalities, representing the tip of an iceberg made up of several thousand reportable cases, itself likely the tip of a bigger iceberg of unreported and unreportable incidents. There has been a downward general trend but when you consider the nature of the risk, it’s hard to see why it hasn’t been reduced further.

So why is gravity such a persistent challenge? And why do businesses still seem to fall short when it comes to managing risks of falls from height?

The first and most obvious point is that it is an ever present risk: it’s hard to imagine a business that does not at some point, have to deal with an activity that involves leaving the ground, whether it is something as simple as changing a lightbulb, reaching stored items or simple maintenance, or a business where work at height is a core activity like in construction, scaffolding, window cleaning; even leisure activities, from the obvious ones such as climbing and zip wires, through to the peripheral tasks like retrieving a football from a roof. The simple fact is that the potential energy created in leaving the ground presents a constant risk of harm.

This creates its own problems. It is such a commonplace risk that people tend to discount it. Ask someone to rewire high voltage equipment or transport explosive chemicals and alarm bells ring, risk management triggers kick in: ‘How do we do this safely? How do we minimize risk?’ But most of us deal with risks of falls almost as a matter of course – we jog downstairs to grab breakfast, head upstairs on the bus, hop in the lift at work and grab a step stool to reach the file on the top shelf that you need without a second thought.

From a regulatory perspective, the problems become even more stark:

When someone falls and is discovered injured or even dead, it will often be obvious what has happened – where they have fallen from, where there was a gap, where there was nothing to stop the fall. When appropriate measures have not been taken, appropriate risks assessments not made, the hierarchy of controls not implemented, the copious guidance not applied. Of course, things can still go wrong when you’ve done everything right – when all reasonably practicable steps have been taken – but so often there will be a break in that chain which compounds the harm of the fall with a difficult or even indefensible prosecution to follow.

And that’s the final challenge: hindsight. It so easy to see what could have been done differently after the event. HSE press releases following successful prosecutions often suggest the tragic accident at the heart of a case could have been avoided had simple measures been implemented. The same could be said for prosecutions in such cases: if guidance had been followed, there is every reason to hope that HSE would recognise this in assessing the case, or that a case if brought could be defended effectively.

So what does the guidance say? In summary:

• Avoid work at height where possible

• Where it cannot be avoided, seek to prevent falls by implementing effective control measures

• Where that risk cannot be eliminated, implement measures to mitigate the effect of a fall

• And, at every stage, favour collective measures that do not rely on individual compliance but which protect anyone exposed to risk

 HSE offer clear and comprehensive guidance across the spectrum of work at height - https://www.hse.gov.uk/work-at-height/index.htm - including step by step guides to assessing and controlling risk as well as guidance as to selection, maintenance and safe use of equipment such as ladders.

The message is simple:

• Protect yourself and your employees from harm from falls.

• Protect your business from the consequences that follow

• Follow the freely available guidance

For further guidance about managing safety risks in your business please get in touch.