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Dodgy scaffolding paralyses brickie and lands builder a jail sentence

21 Feb 14 A Lincoln builder has been handed a four-month suspended prison sentence after a self-employed bricklayer broke his back in a fall from a make-do scaffold tower.

The dodgy scaffold tower
The dodgy scaffold tower

Robert Wilkin, 70, of Lincoln, is now paralysed from the waist down and confined to a wheelchair for the rest of his life following the incident at a warehouse on Freeman Road, North Hykeham, on 14 February 2013.

An investigation by the Health & Safety Executive (HSE) identified serious safety failings in the construction of the scaffolding by Rodney Foyster.

Lincoln Magistrates’ Court was told today (20 February) that HSE found Mr Foyster was not trained in building scaffolding. He failed to check it was safe for use and failed to ensure the safety of workers once it was in use.

Mr Foyster was hired to fix a wall that had been damaged at the warehouse after a lorry had reversed into it. He subcontracted Robert Wilkin for the bricklaying.

Mr Foyster bought and erected the second-hand scaffolding before Mr Wilkin was appointed. Scaffolding towers were positioned both on the inside and the outside of the warehouse. Wooden boards were removed from the tower on the inside and used to form a makeshift bridge between the two towers.

When the incident happened, Mr Wilkin’s son, Damien, climbed the ladder to the top of the scaffold tower inside the building and managed to get across the makeshift bridge to the outside scaffold tower.

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However, when Mr Wilkin climbed the ladder, he fell from the wooden boards onto the concrete floor three metres below, suffering life-changing injuries.

Rodney Foyster, 56, of Mons Road, Lincoln, was sentenced to four months in prison, suspended for 18 months, ordered to carry out 200 hours worth of unpaid community work. He was also ordered to pay £2,941 in costs after pleading guilty to breaching Section 4(1)(c) of the Work at Height Regulations 2005

Speaking after the hearing, HSE inspector Martin Waring said: “Our investigations revealed a catalogue of errors made by Mr Foyster in the assembly of this scaffolding – something he was neither qualified for nor competent in doing.

“There were numerous defects such as no edge protection, poor ladder safety and insufficient access onto the scaffolds.

“Mr Wilkin has unfortunately paid for this lack of care with his health, having been left paralysed for the rest of his life.”

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