Company director and roofing contractor prosecuted after man dies falling through fragile roof (18 November 2016)

The Health and Safety Executive (HSE) has prosecuted a company, its director and a self-employed contractor, after a man died after falling through a roof light.

On 11 June 2013, retired mechanic Terry Lewis, 65, was working with his friend, Leigh Bakewell, cleaning roof lights on the roof of a building at Radnor Park Industrial Estate, Congleton in Cheshire.

Mr Lewis fell approximately seven metres through a roof light to the workshop floor below and sustained fatal injuries.

An HSE investigation found that both the roof and the roof lights were not able to support the weight of a person – and Leigh Bakewell, who primarily was a gardener and not a roofer, had not taken precautions to prevent a fall through the roof nor off its edge.

HSE investigators also found that Bakewell did not have the necessary knowledge or competence to carry out the work.

Roman Lodge Asset Management Limited had also failed to put in place adequate systems to ensure a competent roofer was appointed – and both the company and company director Jonathan Marshall had failed to adequately plan and supervise the work, due to their own lack of understanding of standards and the law relating to work on fragile roofs.

At Warrington Crown Court, Roman Lodge Asset Management Ltd of Dane Mill, Broadhurst Lane in Congleton, Cheshire pleaded guilty to breaching Regulation 4(1) and Regulation 5 of the Work at Height Regulations 2005.
The company was fined £20,000 with £8,010 in costs.

Company director Jonathan Marshall pleaded guilty to breaching two counts of Section 37 of the Health and Safety at Work etc Act 1974. He was sentenced to four months’ imprisonment on each count (suspended for 12 months) and was ordered to pay £8,010 in costs.

At a hearing on 18 August 2016, Leigh Bakewell pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974. He was sentenced to six months’ imprisonment (suspended for 12 months) and was ordered to pay £8,610.47 in costs.

After the hearing HSE inspector Warren Pennington said:

“This is an incredibly sad case all round – each defendant knew that the roof was fragile and each accepted unsafe working practices.

“Terry Lewis was only on the roof in order to help out his best friend – if Roman Lodge and Jonathan Marshall had asked questions about Leigh Bakewell’s experience and knowledge, they would not have employed him.

“Leigh Bakewell should have recognised he was not competent and should not have carried out the work.

“With these simple considerations, Mr Lewis would not have been on the roof and would not have died in the way he did.”

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Falls from height compensation claims have to be made within three years of injury – children can make personal injury claims up to the age of 21.

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For expert legal advice on no win no fee Falls from Height Claims, call Duncan Lewis personal injury solicitors on 0333 772 0409.