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Directors of the company, Susan and Alistair Nicoll, pleaded guilty to contravening health and safety regulations. Health and Safety Executive inspector Judith McNulty-Green was prosecuting in the case. She told magistrates: "Work at that height should be properly planned and supervised and should be undertaken safely. "The instructions given to the team were detailed about the location of the job, but were not detailed about the method of cleaning. "The employees had not been told that they should have used a harness."
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The court heard that the workers had been using the pole-washing system – where water is pumped up extendable poles to clean high windows. But several windows could not be reached using this method. So Mr Theaker climbed onto the roof, without the use of a harness to prevent him falling.
Peter Smith, mitigating, told the court that the company has never broken a health and safety regulation before. A Nicoll & Son Limited was fined £2,500 and ordered to pay £2,948 in court costs – meaning it will now have to pay a total of £5,448. Representatives from Lincoln College are due at Lincoln Magistrates' Court on Tuesday, November 10 to face charges of breaking Health and Safety at Work regulations in relation to the same case.
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HSE Inspector Judith McNulty-Green said: "More than 3,200 employees suffer from major injuries as a result of falls from height in the workplace each year. "These injuries can shatter lives. It is crucial to remember that even when a risk assessment has taken place, it is only effective if the information is passed onto staff and supervision ensures that they undertake the work safely."
Regulation 4(1) of the Work at Height Regulations 2005 states: "Every employer shall ensure that work at height is properly planned, appropriately supervised and carried out in a manner which is so far as is reasonably practicable safe."Information on working at height is available on the HSE website.
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