21/3/25 - An unsafe tower scaffold, with no safe way for workers to access the platform – that’s what health and safety inspectors found when they visited a site in Merseyside following the death of 45-year-old Robert Duffy in May 2021.
On 27 February 2025, following a Health & Safety Executive (HSE) investigation, Robert’s employer was fined at Wirral Magistrates’ Court for failing to assemble safe towers.
Serious safety issues
The HSE investigation highlighted the following failings related to the tower:
• There were serious issues with the assembly of the tower
• The instruction manual was not followed
• There was no integral ladder fitted to provide safe means of access to the platform
It found that workers had to scramble up the rungs of the tower, which were not designed for this purpose, to complete their work at a block of flats on Rice Hey Road.
Towers should always have a built-in stairway, stair ladder, vertical ladder or climbing frames so you can access the platform safely.
Consequences
Robert’s employer A. I. M Access Solutions Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, which requires employers ‘to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees’. The firm was fined £30,800 and ordered to pay costs.
However, although Robert’s death triggered the investigation that led to the prosecution, the prosecution was
not brought on the grounds that the unsafe tower caused his death.
Duty to prevent accidents
The HSE has taken the opportunity to remind employers that many people are injured each year when they fall from towers or when the tower overturns. They have found that these incidents are mainly caused by:
• The tower being assembled incorrectly e.g. with missing guardrails
• Instruction manuals not being provided to the people building and using the tower
The HSE also reminded manufacturers, suppliers and hirers that they have a duty to provide instruction manuals explaining, among other things, the assembly sequence, including bracing requirements and the height to which the tower can be assembled safely.
PASMA’s response
Steve Booker, PASMA chairman, commented:
"If there’s one phrase a PASMA member repeats more than any other, it’s ‘follow the manual’. This document is so crucial that all PASMA members who manufacture, supply or hire towers are audited to make sure they provide one. When the manual isn’t followed, the consequences can be catastrophic.
"In PASMA training, everyone is taught to follow the instruction manual – it’s drilled into them. That’s how you know you’ve got all the components you need and are building the tower correctly. But what really matters is making sure that knowledge is applied on site, every time a tower is built. Employers must ensure this happens, whether by using TowerSure™, PASMA’s free inspection system, to verify that towers are assembled correctly, or by other means."
Ian Hartrick, vice chair of the PASMA hire & assembly committee, added:
"It’s particularly concerning that the employer in this case appears to provide a hire & assembly service, meaning they build towers for others to work from. PASMA hire & assembly members have worked hard to drive up standards in their sector. They follow a code of conduct, are subject to a strict audit regime, commit to using safe equipment and use highly skilled Access Tower Specialists who are trained by PASMA to assemble any tower structure from the simplest to the most complex.
"Unfortunately, A. I. M Access Solutions Ltd is
not a PASMA member, and this case highlights the importance of choosing only reputable, safety-conscious providers who can prove their corporate competence to undertake such safety critical work."
PASMA welcomes this prosecution and hopes it serves as a wake-up call to other employers. They must take a fresh look at their tower safety practices, making sure their teams are properly trained, provided with safe equipment and working from safe towers, every single time.
The thoughts of everyone at PASMA are with the family, friends and colleagues of Robert Duffy.
PASMA is a Platinum Supporter of the No Falls Foundation, a charity dedicated to supporting people who've been affected by the consequences of a fall from height. If you find yourself in this situation, they may be able to help.
