This is an extract from a recent HSE prosecution: "College has today been fined £1,500 after a window cleaner fell four metres - suffering broken ribs and a serious back injury. James, was employed by A & Son Ltd, when he was contracted to clean windows at College, M Road in the city on 4 November 2008. College pleaded guilty to breaching Regulation 3(1) of the Management of Health and Safety Regulations 1999 at Magistrates' Court today for failing to conduct a sufficient risk assessment. As well as the fine, the college was also ordered to pay £9,500 towards prosecution costs. A & Son Ltd, was prosecuted in October 2009 by HSE after pleading guilty for its role in the incident and was fined £2,500 and ordered to pay costs of £2,948.20. Following the hearing, HSE Inspector Judith McNulty-Green said: "Mr T has suffered life-changing injuries as a result of his fall. Lincoln College had a legal duty to check its contractors had proper procedures in place but failed to do so" This college offers the NEBOSH General Certificate. If I had been through such a course in recent times would I now not be be puzzled as to why a college has to do the risk assessment for their window cleaners?

I suggest Reg 3(1)(b) would be considered relevant, as routine maintenance & cleaning of the premises would be a part of the College's wider undertaking. The Regulation is of course a convenient vehicle for prosecution where there is no other more specific regulation available. Yes, HASAWA could be applied, but we don't know the background. Enforcers may have taken a pragmatic approach, or HASAWA charges may have been dropped or plea-bargained away.