Legal News

The Health and Safety Executive (HSE) has successfully prosecuted two building companies, after a contractor fell from a roof and broke his back.

The unnamed 36-year-old worker from Tamworth in Staffordshire was employed to work on the roof of Southview Leisure Park in Skegness, Lincolnshire and fractured a vertebra in his lower back after falling from the roof on 8 March 2013.

HSE inspectors found that the principal contractor SJ Roberts Construction Ltd had been appointed to install a new flume tower and swimming pool extension at Southview Leisure Park.

Seaton Heating and Engineering Services Ltd had been employed as sub-contractors to install a new air-handling unit and associated pipework for the swimming pool.

The injured contractor was an employee of Seaton Heating and Engineering Services Ltd.

He was working on the roof of the swimming pool extension which was accessed by internal stairs and was connecting ducts and pipes with the air-handling unit.

HSE inspectors found that, while most of the roof was protected, a section was left exposed presenting a fall risk.

The injured contractor also had to stand on a narrow plywood area measuring just half-a-metre wide, which was close to the unguarded edge of the roof. On one occasion, his route to the stairs was blocked when he needed to go and collect some tools.

While walking along the plywood next to the open edge, the plywood gave way and he fell four metres. He landed on his feet but then fell backwards, landing on concrete and rubble.

The contractor spent five days in hospital and needed a back brace when discharged. He then had to stay at his parents’ house for six weeks – and was unable to work for more than three months. He has since recovered and has now returned to full-time employment.

On Tuesday (09/09/14) at Lincolnshire Magistrates’ Court, SJ Roberts Construction Ltd of Welshpool pleaded guilty to breaching two Regulations of the Construction (Design and Management) Regulations 2007. The company was fined £10,000 and ordered to pay costs of £645.60.

Seaton Heating and Engineering Services Ltd of Belgrave, Tamworth, Staffordshire, pleaded guilty to breaching the Work at Height Regulations 2005. The company was fined £7,000 and ordered to pay costs of £519.60.

After the hearing, HSE inspector Chris Copeman said:

“SJ Roberts Construction Ltd and Seaton Heating and Engineering Services Ltd put workers’ lives in danger by allowing them to work on a roof without suitable safety measures being in place.

“They failed to recognise their responsibility to ensure that work at height carried out under their control was done safely.

“This worker is very fortunate not to have suffered far more serious injuries.

“Throughout the whole process of roof work, there was no adequate protection against falls, such as barriers on the open edge.

“Had he tripped and fallen from the edge of the roof, we could have been dealing with a fatal incident.”

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