Workplace accidents happen every day in our country, and falls from height are one of the main causes of serious injuries and even deaths in some sectors such as construction.
This type of accident affects workers first – since they are the ones who suffer the fall – but also employers, and in some cases even installers and manufacturers of fall arrest systems.
In this article, we will look at some of the consequences surrounding accidents at height, analyzing who is responsible in these cases under work at height legislation, focusing on the employer, installer and manufacturer, and how the risk of these accidents occurring can be prevented.
Before continuing, to put the situation in context, according to data from the National Statistics Institute (INE), in 2024:
- There were more than 1 million workplace accidents (almost 650,000 with sick leave)
- Manufacturing tops the list of workplace accidents, followed by construction and vehicle repair
- More than 100,000 workplace accidents (with sick leave) occurred as a result of a worker falling
What Do the Regulations Say About Liability in a Fall-from-Height Accident?
When a worker suffers an accident at height, it is important to identify who bears legal responsibility, since this can determine the consequences and the corresponding penalties.
Which Laws Govern Liability?
In Spain, we have the 1995 Occupational Health and Safety Law (OHS Law 31/1995), which is the law that regulates workplace health and safety in our country. In addition, there are royal decrees that govern work at height and temporary work, such as Royal Decree 2177/2004.
What Is the Difference Between Civil, Criminal and Administrative Liability?
When a workplace accident occurs, liability may fall on different people or parties involved, and it is not necessarily the same for all of them, which is why it is important to distinguish between civil, criminal and administrative liability.
- Civil liability: This involves an obligation toward the victim (or their family) for the damages suffered, usually in the form of financial compensation.
- Criminal liability: If there has been some kind of serious negligence (intentional or not) that caused the accident, the person criminally responsible may receive a prison sentence.
- Administrative liability: This type of liability carries administrative fines and penalties where the applicable workplace health and safety regulations have not been complied with.
What Role Do the Employer, Installer and Manufacturer Play Under the Occupational Health and Safety Law?
OHS Law 31/1995 sets out the responsibilities of the employer regarding the safety of workers in their workplace, for example in the following articles:
- Article 14: Right to protection against occupational hazards
- Article 15. Principles of preventive action.
- Article 16. Occupational hazard prevention plan, risk assessment and planning of preventive activity.
- Article 17. Work equipment and protective means.
All of them refer to the employer’s obligations regarding their workers and the occupational risks they may face during their working day, and how those risks must be prevented.
Some of the articles of the OHS Law set out the obligations and responsibilities of the installer and the manufacturer.
Regarding the installer, they are obligated to provide the documentation needed to coordinate the work:
Article 24. Coordination of business activities.
1. When workers from two or more companies carry out activities at the same workplace, those companies must cooperate in applying the occupational hazard prevention regulations. To that end, they will establish the necessary means of coordination regarding the protection and prevention of occupational hazards and the information on them for their respective workers, under the terms set out in section 1 of Article 18 of this Law.
Regarding the manufacturer, work equipment must be suitable and meet legal requirements:
Article 41. Obligations of manufacturers, importers and suppliers.
Manufacturers, importers and suppliers of items for the protection of workers are obligated to ensure their effectiveness, provided they are installed and used under the conditions and in the manner they recommend. To that end, they must supply information indicating the type of risk they are intended for, the level of protection against it, and the correct way to use and maintain them.
In addition to the OHS Law, there are other regulations normally applied when working at height, such as RD 2177/2004 and the UNE standards for fall arrest systems (EN795, EN14122, EN353, etc).
They specify the manufacturing, testing and installation criteria for fall arrest systems, and therefore the requirements that both manufacturers and installers of those systems must follow.
Employer Liability
The employer plays a key role in accident prevention. Under the Occupational Health and Safety Law, responsibility falls primarily on them, since they must take active measures to protect their workers.
What Are the Employer’s Obligations?
As we have seen, and based on the OHS Law, the employer has several obligations to their employees to ensure a safe working environment:
- Risk assessment
- Provision of suitable protective equipment
- Sufficient and appropriate training for the work to be performed
- Safe work procedures
Why Can the Employer Be Held at Fault?
When an accident occurs, it may be the employer’s fault due to various factors, some of which are:
- Not having provided suitable protective equipment, or the equipment not having passed the corresponding periodic inspections.
- Not having trained their workers, or the training not being appropriate for the work to be performed.
- Not having the fall protection needed to minimize the possible risk of a fall.
Installer and Manufacturer Liability
When a fall accident occurs, responsibility does not necessarily fall solely on the employer. As we have mentioned, this is part of a chain that runs from the manufacturer of the system to the end worker who uses it, so both the installer and the manufacturer may face legal implications.
What Is the Difference Between an Installer and a Manufacturer?
First we must distinguish between the installer (the company that installs the fall arrest system) and the manufacturer (the company that manufactures the fall arrest system).
The installer is responsible for mounting the fall arrest systems or devices where the work at height will be performed (a roof, rooftop, walkways inside an industrial building, a ladder, etc).
Their main responsibility is to make sure the system is installed correctly according to the manufacturer’s instructions and the regulations in force for that equipment (for example, EN14122-3 in the case of safety guardrails).
If the manufacturer’s specifications or the regulations are not followed during installation, the installation company may be held liable.
The manufacturer is responsible for designing, producing and manufacturing the fall arrest system so that it complies with safety regulations, and therefore for carrying out the relevant tests to show that the device would work correctly in the event of a fall.
How Far Does the Manufacturer’s Liability Go If the System Fails?
If a fall occurs and the fall arrest system fails, and therefore does not work correctly, this may be due to:
- A manufacturing defect
- A design defect
- An installation defect, in which case the installation company would be responsible.
In cases of manufacturing or design defects, these may be due to a problem with the materials, the anchoring mechanisms or the design of the structure.
Therefore, to avoid possible failures in design and performance in the event of a fall, the manufacturer must ensure that the system has been properly tested and complies with all required regulations and certifications.
If they have not done so, and an accident occurs due to equipment failure, liability may fall directly on them.
What Documentation or Guarantees Must the Manufacturer Provide?
To ensure that the fall arrest system would work correctly in the event of a fall and that it meets the requirements of the regulations in force, the manufacturer can provide various documents, such as:
- Test certificate: Testing performed by an independent laboratory – with the necessary authority for the fall arrest system – confirming that the system complies with the regulations in force. For example: the DEKRA laboratory meets the requirements for guardrail testing under UNE-EN14122.
- Technical data sheets: With detailed information on the dimensions and materials that make up the system.
- Assembly manuals: Specifying the step-by-step process for carrying out the installation correctly.
How Can Liability Be Prevented?
The best way to prevent liability in the event of accidents is to have an effective occupational health and safety policy. What does this mean?
That each of the parties involved in the work-at-height chain – worker, employer, installer and manufacturer – must be aware of the importance of working with OHS in mind, and therefore:
- Carry out risk assessments and safe work procedures
- Ongoing training, whether refresher training or for a new job to be performed
- Use certified, quality equipment; use fall arrest systems that come with their documentation and have been tested to the standard
Conclusion
Liability in the event of an accident at height is a complex matter involving several parties, from the worker who has the accident to the manufacturer of the fall arrest system.
The Occupational Health and Safety Law sets out the duties and responsibilities of each, but the most important thing is for everyone to work together to prevent accidents. As manufacturers, it is of no use to design systems that work if the worker who must use them does not use them correctly and suffers an accident.
Prevention is key, and implementing appropriate measures, such as the use of safe fall arrest systems, ongoing training and safe work procedures, is essential to prevent accidents and to minimize possible legal liability.
If you have any questions, you can contact us.