Two English companies have ended up in court after a fall from height seriously injured a worker.

Two companies – AAA Linen Services, based in North West London, and Laundryquip LLP, of Northamptonshire, were convicted at Westminster Magistrates Court of breaches of health and safety law after a female employee of AAA Linen Services slipped off a ladder and seriously injured her ankle.

The incident occurred on 20 December 2012, when the the unnamed female employee attempted to clear a blockage in a laundry machine provided by Laundryquip LLP. Laundryquip had provided the machine but had failed to install suitable access steps to allow employees to access the machine, as ordered by AAA Linen Services. To cope with this omission, AAA’s employees used a standard office chair to access parts of the machine.

The female team leader who had the accident tried to use a chair to access the machine on 20 December 2012 but decided to use a ladder when it became clear that the chair was not a safe means of access. However, when she used the ladder it slipped and she fell, shattering her ankle. She required 13 pins in her ankle to mend the break and has been unable to work as a result since.

The Health and Safety Executive (HSE) was notified of the accident and investigated. This investigation resulted in a recommendation that a prosecution be commenced against the two companies for breaches of their health and safety duties.

The case came before the Westminster Magistrates Court on 3 June 2013. AAA Linen Services Ltd pleaded guilty to a breach of s.2(1) of the Health and Safety at Work etc Act 1974 while Laundryquip LLP defended the charge under s.6(3) of the Health and Safety at Work etc Act 1974.

Westminster Magistrates found that AAA Linen Services were guilty of failing to ensure, so far as was reasonably practicable, the health, safety and welfare of all of its employees and were therefore found guilty of a breach of s.2(1). They were fined £5,000 and ordered to pay costs of £4,500.

Laundryquip LLP were found guilty of a breach of s.6(3) of the Act as the Court found that they had failed to ensure, so far as was reasonably practicable, that the laundry equipment concerned was installed in a manner which made it safe or not a risk to other persons’ health. It was also fined £5,000 but was ordered to pay costs of £16,500.

Chris Hadrill, a solicitor at Redmans employment solicitors, commented on the case that “a prosecution by the HSE can be a particularly serious matter and businesses may wish to obtain expert advice from lawyers specialising in regulatory defences if they’re threatened with court action. A failure to do so can be extremely costly”.

The HSE’s inspector concerned, Mr Nick Fry, stated that “AAA Linen failed to ensure their employees’ safety when they need to work at height to clear blockages on a large laundry machine. A chair was clearly the wrong choice of equipment and exposed workers to unnecessary risk. Their action led to an avoidable incident in which a woman was caused a great deal of pain and suffering”.

It is currently not know whether she wishes to claim personal injury against AAA Linen Services or Laundryquip LLP.

Redmans Solicitors offer employment law advice to employees and employers