North East Essex Primary Care Trust was recently fined £10,000 and ordered to pay costs of £4,972 after a vulnerable patient fell 4.3 metres from a first floor window.The retired 68-year-old suffered a blow to the head and broke his pelvis, shoulder and coccyx in the fall. The HSE prosecuted over the incident.
The window was able to open 254mm, but since 1989 NHS standards have required such a window to only open to 100mm by fitting a window restrictor.
Shortly before the incident the Department of Health required the PCT to identify any window restrictors that didn’t comply - this was not done!
HSE Inspector Kim Wicks said:
“North East Essex Primary Care Trust failed in its duty to ensure the health and safety of this retired gentleman, … All PCTs must ensure they adhere to recognised NHS safety standards … If North East Essex PCT had done so this unfortunate incident could have been avoided.”
Section 3(1) of the Health and Safety at Work etc Act states: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, that persons not in his employment are not exposed to risks to their health or safety.”
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