Ask Scaffolding Ltd Fined After Trainee's Fatal Five-Metre Fall

What happened

On 5 July 2023, Michael Swales was working on a residential housing development near Ripon, North Yorkshire. He was employed by Ask Scaffolding Ltd, which had been contracted to provide scaffolding services for the scheme. While erecting scaffolding at the front of a two-storey house with a colleague, Swales stood on a scaffolding board that was not secured. The board gave way and Swales fell five metres to the ground. Emergency services responded but Swales died at the scene.

The Health and Safety Executive (HSE) launched an investigation following the incident. The inquiry found that Ask Scaffolding Ltd had not ensured that work at height was carried out in a safe manner. There were no adequate measures in place to either prevent or mitigate the risk of falls on the day of the incident. Neither Swales nor his colleague was using a harness or lanyard while working at height. The scaffold lacked essential guardrails and there was no designated safe zone in place at the location of the fall.

On 4 November 2026, at Leeds Magistrates’ Court, Ask Scaffolding Ltd pleaded guilty to breaching Regulation 4(1)(c) of the Work at Height Regulations 2005. The court fined the company £16,000. The company was also ordered to pay £8,000 in costs and a £2,000 victim surcharge.

The background

The HSE investigation determined that unsafe scaffolding practices had been occurring at the site before the fatal incident. Witnesses informed investigators that the company's operatives sometimes worked without following proper industry guidance. Scaffolding work undertaken prior to the incident was also found not to meet safety standards, with guardrails frequently missing from constructed platforms.

Industry guidance states that collective protection measures, such as establishing a 'Scaffolder’s Safe Zone,' are the primary means to prevent falls. Where a safe zone is not possible, guidance requires the use of personal protective equipment (PPE). This includes harnesses and lanyards for worker safety. According to the HSE, neither of these protective approaches was properly followed during the works in which Swales was involved.

The HSE guidance for employers and scaffolding contractors sets out specific requirements for the erection, alteration, and dismantling of scaffolding. The rules stress the need for trained staff and for physical barriers and safety equipment to be in place whenever there is a risk of falling from height. The accident highlighted deficiencies in Ask Scaffolding Ltd's compliance with these obligations.

What people are saying

HSE Inspector David Beaton commented on the incident following the court case. He stressed that the accident underlined the importance of those in control of scaffolding work making sure all works are conducted safely and in line with guidance. Beaton noted the potential consequences when these responsibilities are not met. He also expressed condolences to the family and friends of Michael Swales.

Relevant HSE documents underline that effective management of work at height, including the application of industry guidance and the use of appropriate safety measures, can prevent fatal incidents. Following this case, scaffolding contractors are reminded to review their working practices and ensure that both collective and personal protection measures are adhered to at all times. No further statements have been reported from the company or the victim's family at the time of publication.

What happens next

Following the fine and court order, Ask Scaffolding Ltd is required to pay the penalties imposed. The company must also pay the associated costs and the victim surcharge. The HSE continues to monitor compliance with work at height regulations across the sector and stresses that all scaffolding work should follow established guidance.

Industry organisations and contractors are expected to revisit procedures for supervising work at height. This is to ensure that risks from falls are adequately assessed and managed. Lessons from this case are likely to inform future site audits and training for scaffolders, particularly those in training or at the start of their careers.

Employers who fail to provide proper fall protection measures, whether collective systems or PPE, may face enforcement action and significant financial penalties. The HSE encourages any scaffold firm or principal contractor to consult up-to-date guidance on the safe erection, alteration, and dismantling of scaffolds.