Agree with you Sean that it maybe the employee doing it off his own back, but the employer would have to show written proof of training and safe use of ladders with signature from the employee, my guess is that there is no such paperwork, also someone would have been in charge, thus representing the employer.
I wouldn't have any problems if the guy was off a ladder with correct measures in place, or even a safety line for the way he's doing it.
The biggest evpye opener for me was I had to junk several sets of ladders and steps when I started to employ as they have to be certified and checked. Some of the work I do now would not even let us on site without the correct paperwork even for steps.
Regardless of what we think of H&S and sometimes it's over the top, I acknowledge that, but this company broke the law and was found guilty and punished, so no matter what we wish H&S to be the law is the law and we have to adhere to that
Darran