Lincoln College has been prosecuted after a window cleaner fell four metres from the roof of the college, sustaining serious injuries.

The Health and Safety Executive (HSE) investigation found that the college had failed to conduct an adequate risk assessment before window cleaning took place.

In November 2008, 50-year-old James Theaker from Lincoln was employed by A Nicoll & Son Ltd and was contracted to clean windows at Lincoln College, situated in Monks Road, Lincoln.

He accessed the roof of the main reception building using a ladder and leaned against the building to clean nearby windows, when he fell.  

Mr Theaker suffered broken ribs and a serious back injury and spent a week in hospital. He was forced to stay off work for several months and now can only carry out restricted duties.

A Nicoll & Son Ltd – of Crofton Drive, Allenby Road Industrial Estate – was prosecuted in October 2009 by the HSE, after pleading guilty to breaches of health and safety regarding the incident. The company was fined £2,500 and ordered to pay costs of £2,948.20.

On Tuesday (11/05/10) at Lincoln Magistrates’ Court, Lincoln College pleaded guilty to breaching Regulation 3(1) of the Management of Health and Safety Regulations 1999. The college was fined £1,500 plus £9,500 costs.

District Judge Richard Blake said:

‘It is important that those who occupy buildings and employ contractors assess the risks to ensure best work practices are adhered to.’

After the hearing, HSE inspector Judith McNulty-Green said that Lincoln College ‘had a legal duty’ to check its contractors had proper procedures in place, but had failed to do so.

‘Mr Theaker has suffered life-changing injuries as a result of his fall,’ said Ms McNulty-Green.

‘Every month, more than a thousand people suffer serious injuries as a result of slips, trips and falls in the workplace. These shattering injuries can be avoided by sensible and proportionate assessment of the risks, but sadly that was not done in this case.

‘Employers and organisations that hire contract staff have a joint responsibility to ensure the safety of all staff who work on site, to avoid serious incidents such as this,’ she added.

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