Conflict of interest
Where the same company both erects and inspects a scaffold, the commercial relationship and programme pressure can sit alongside the responsibility to assess the work objectively.
We believe statutory scaffold inspections should be carried out independently of the company responsible for erecting, altering or dismantling the scaffold.
The campaign calls for statutory scaffold inspections to be carried out by a competent person who is independent of the scaffolding contractor responsible for the structure.
At present, the law does not require scaffold inspections to be carried out by someone independent of the company that erected the scaffold. Under the Work at Height Regulations 2005, scaffolding must be inspected by a competent person, but that person can work for the same company that put the scaffold up.
In practice, this means a scaffolding contractor can lawfully inspect and sign off its own work. Whatever the intentions of individual companies, we believe that allowing the same business to both install and approve the structure creates an avoidable conflict of interest.
Independent inspection removes that commercial connection. An inspector who has no interest in the erection, alteration or hire of the scaffold is free to concentrate solely on its condition, the evidence found on site and the people who rely on it.
A safety inspection should provide an independent second set of eyes, not simply another stage of the same commercial process.
This issue was identified during a recent inspection in Frome, Somerset.
The scaffold failed inspection, leaving the contractor waiting for scaffolders to return to site and rectify the issue, costing valuable time and money.
Frome, SomersetThe proposal is not about criticising responsible scaffolding contractors. It is about building a clearer separation between installation and safety verification.
Where the same company both erects and inspects a scaffold, the commercial relationship and programme pressure can sit alongside the responsibility to assess the work objectively.
Many responsible contractors already commission independent inspections voluntarily. A clearer requirement could make that level of assurance more consistent across the industry.
A defined independence requirement could give clients, principal contractors and other duty holders a clearer and more auditable way to demonstrate due diligence.
The campaign argues that scaffold safety should adopt the same broad principle of separate verification already seen in a number of other safety-critical activities.
We have asked the Health and Safety Executive to consider amending the Work at Height Regulations 2005, or issuing revised guidance, so statutory scaffold inspections are carried out by a competent person independent of the scaffolding contractor responsible for erecting, altering or dismantling the structure.
Ahead of any regulatory change, we also believe clearer guidance could encourage clients and duty holders to actively consider the independence of the person carrying out their scaffold inspection.
The company responsible for the scaffold should not be the only party responsible for verifying its safety.
Mark Tayler, founder of Statutory Scaffold Inspections Ltd, has written directly to the organisations and representatives involved in regulation, industry guidance and parliamentary scrutiny.
A formal proposal asking HSE to consider regulatory change or revised guidance requiring independent statutory scaffold inspection.
A request for NASC to consider supporting the proposal and advise on routes for raising the issue with HSE.
A request for Sarah Dyke MP to raise the matter with the relevant government department and support further consideration.
Open each letter below to read the arguments submitted to HSE, NASC and Mark's local MP.
Re: Proposal to require independent inspection of scaffolding under the Work at Height Regulations 2005
I am writing as the founder of an independent scaffold inspection company operating across the South West of England, and as a scaffold inspection professional with over eight years of hands-on industry experience, to raise a specific and, I believe, addressable gap in current scaffold safety regulation.
Under Regulation 12 of the Work at Height Regulations 2005, scaffolding must be inspected before first use, at intervals not exceeding seven days while in use, and following any event likely to affect its stability. The Regulations require that inspections be carried out by a competent person, but they do not require that person to be independent of the company that erected the scaffold.
I would ask HSE to consider amending the Regulations, or issuing revised Approved Code of Practice guidance, to require that statutory scaffold inspections be carried out by a competent person who is independent of the scaffolding contractor responsible for erecting, altering or dismantling the structure being inspected.
My reasons for raising this are as follows:
Ahead of any change to the Regulations, I believe HSE guidance should more clearly encourage clients and duty holders to satisfy themselves that the person inspecting a scaffold is independent of the company that erected it.
I recognise that a change of this nature would need to be developed in consultation with industry bodies, including the National Access & Scaffolding Confederation and the Construction Industry Scaffolders Record Scheme.
I would be grateful if HSE could advise whether this issue has previously been considered, whether it forms part of any current or planned review of the Work at Height Regulations 2005, and whether there is a formal route through which industry stakeholders can contribute evidence to support this proposal.
Thank you for taking the time to consider this letter.
Yours faithfully,
Mark Tayler
Founder, Statutory Scaffold Inspections Ltd
Dear NASC,
I am the founder of Statutory Scaffold Inspections Ltd, an independent scaffold inspection company operating across the South West, and a CISRS Advanced Scaffold Inspector with over eight years' experience in the sector.
I have written to the Health and Safety Executive proposing that the Work at Height Regulations 2005 be amended, or that HSE guidance be revised, to require that statutory scaffold inspections are carried out by a competent person independent of the contractor who erected the scaffold.
As things stand, a scaffolding contractor can lawfully inspect and sign off its own work. I believe this represents a real conflict of interest, and one that sits at odds with the approach taken in other safety-critical trades.
I recognise that any change of this kind would need to be developed with NASC and CISRS closely involved, given your role in setting technical guidance and inspection standards across the industry.
I am writing to ask whether NASC would consider supporting this proposal, and whether there is an existing route through which members can raise this kind of issue with HSE as part of ongoing engagement on the Work at Height Regulations.
I would welcome the opportunity to discuss this further, and I am happy to provide additional case examples from my own inspection work if that would be useful.
Kind regards,
Mark Tayler
Founder, Statutory Scaffold Inspections Ltd
07775 349944
mark@statutoryscaffoldinspections.co.uk
Dear Sarah Dyke,
I am writing as a constituent and the founder of Statutory Scaffold Inspections Ltd, an independent scaffold inspection company based in Bruton and operating across the South West.
I am raising a specific gap in construction safety regulation that I believe deserves attention. Under the Work at Height Regulations 2005, scaffolding must be inspected by a competent person, but there is no requirement for that person to be independent of the company that erected the scaffold.
Independent third-party verification is already standard practice in other safety-critical trades, and I believe scaffold inspection should follow the same principle.
I have written directly to the Health and Safety Executive setting out this issue in detail and proposing that the Work at Height Regulations 2005 be amended, or that revised guidance be issued, to require independent scaffold inspection.
I would be very grateful if you would consider raising this with the Secretary of State for Work and Pensions, or otherwise supporting this as a matter worth pursuing in Parliament.
Thank you for taking the time to consider this.
Yours sincerely,
Mark Tayler
Founder, Statutory Scaffold Inspections Ltd
If you believe scaffold inspections should be carried out independently of the company responsible for erecting the scaffold, you can raise the issue with your own MP or contact us to share your experience of scaffold safety.
Speak directly with Mark Tayler at Statutory Scaffold Inspections Ltd.
