Worker Suffers Life-Altering Back Injuries after MEWP Basket Fall

A worker suffered life-altering back injuries when he fell over 30 feet from the basket of a mobile elevating work platform (MEWP).

The employee of AP Tree Specialists Ltd, an arboriculture company based in Derby, was carrying out tree surgery from the MEWP basket at a mobile site in Derby on 25 January 2024.

When the machine stopped working while elevated, there was no one on site who could bring the basket safely to the ground. The employee attempted to abseil from the basket, resulting in a 30 foot fall to the ground below.

Insufficient Risk Assessment

An investigation by the Health and Safety Executive found that AP Tree Specialists Ltd failed to plan, appropriately supervise and carry out work at height in a safe manner. The company had not completed a suitable and sufficient risk assessment for work at height activities, and employees were not appropriately trained in the use of lifting equipment.

The director, Matthew Scholes, was acting as site supervisor at the time and was directly involved in decisions and actions that led to the injuries sustained by the employee.

£20,000 Fine

The Work at Height Regulations require employers to ensure that work at height is properly planned, appropriately supervised, and carried out safely. Where lifting equipment is used, HSE guidance states that operatives must receive appropriate training, and that rescue planning, equipment and personnel must be considered as part of site assessment.

AP Tree Specialists Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £20,000 and ordered to pay £6,956 in costs at Birmingham Magistrates’ Court on 3 December 2025.

Director Matthew Scholes pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £1,000 and ordered to pay £400 in costs.

Avoidable

HSE Investigating Inspector, Kerry Scott, said: “This incident could have been avoided if AP Tree Specialists Ltd had planned the work at height with suitable and sufficient risk assessments and safe systems of work, including a rescue plan. They should have provided the employee with the correct information, instruction and training for working at height and for using the lifting equipment.

“HSE will not fail to take action where companies and directors do not ensure the health and safety of their employees.”

This HSE prosecution was brought by HSE enforcement lawyer Arfaq Nabi and supported by paralegal officer Thomas Smith.

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