Scaffolding company fined after trainee scaffolder killed in five-metre fall

• Trainee scaffolder died after falling five metres from a partially erected scaffold while working on a housing development in North Yorkshire.
• HSE found the company had failed to ensure scaffolding work was carried out safely and in accordance with industry guidance.
• The investigation found that safe zones had not been established and workers were not using harnesses or lanyards.

A scaffolding company has been fined after a trainee scaffolder died in a five-metre fall from a partially erected scaffold.

On 5 July 2023, Michael Swales was working for Ask Scaffolding Ltd, which had been contracted to provide scaffolding services for a residential housing development near Ripon in North Yorkshire.

Mr Swales and a colleague were erecting scaffolding at the front of a two-storey house under construction when he fell five metres after standing on an unsecured scaffolding board. There were inadequate measures in place to prevent or mitigate the risk of a fall. Emergency services attended, but Mr Swales died at the scene.

An investigation by the Health and Safety Executive (HSE) found that Ask Scaffolding Ltd had failed to ensure work at height was carried out in a safe manner, so far as was reasonably practicable.

The investigation found that the scaffolding work being carried out on the day of the accident was unsafe and did not follow industry guidance. Safe zones had not been established, and neither Mr Swales nor his colleague was using a harness or lanyard while working.

The investigation also found that previous scaffolding work had not been carried out in accordance with the guidance. A post-accident inspection identified that guardrails had not been installed where they should have been. Several witnesses also indicated that scaffolding work was regularly carried out by company operatives without following the guidance.

The guidance identifies the use of collective protection measures to create a ‘Scaffolder’s Safe Zone’ as the primary means of preventing falls. Personal protection, such as a harness and lanyard, should be used when a scaffolder is working without a safe zone.

All scaffolding must be erected, dismantled and altered safely. Guidance on the measures employers and scaffolding contractors should take to ensure scaffolding work is carried out safely can be found here: Scaffolds – HSE .

Ask Scaffolding Ltd, of Thornton Road Industrial Estate, Pickering, YO18 7JB, pleaded guilty to breaching Regulation 4(1)(c) of the Work at Height Regulations 2005. The company was fined £16,000 and ordered to pay £8,000 in costs and a £2,000 victim surcharge at Leeds Magistrates’ Court on 4 November 2026.

HSE Inspector David Beaton said:

“This tragic accident underlines the importance of those in control of scaffolding work making sure that it is being done safely and in accordance with industry guidance, and the potential consequences where this is not done.

“Our thoughts remain with Michael’s family and friends.”

This HSE prosecution was brought by HSE enforcement lawyer Iain Jordan and paralegal officer Zara Salman.

Further information:

• The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
• More information about the legislation referred to in this case is available.
• Further details on the latest HSE news releases are available.
• Guidance on scaffolding can be found on the HSE website .
• HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences in England can be found here .