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Construction firm fined after worker falls from height (17 November 2014)

Date: 17/11/2014
Duncan Lewis, Personal Injury Solicitors, Construction firm fined after worker falls from height

The Health and Safety Executive has successfully prosecuted a Cardiff company, after a worker fell 8ft from a single storey roof when a beam he was standing on gave way.

Malcolm Milne, 59, from Caldicot was working at Beach Cliff, Penarth when the incident happened on 30 January 2013.

As a result of his injuries, Mr Milne spent several days in hospital, was reliant on crutches for five months and has been unable to return to construction work since. He fractured his right thighbone in the fall, which occurred while he was working on a redevelopment site.

RHP Merchants and Construction Ltd was the principal contractor for a mixed development project to create commercial units, flats and town houses.

Mr Milne and a colleague were working on a disused lodge building that was being demolished to make way for the new buildings – and were removing roof tiles at the time of the fall.

An HSE investigation into the incident found that RHP had failed to provide sufficient measures to prevent or mitigate a fall. Mr Milne and his colleague had not been trained to work in demolition and Mr Milne was not trained to work at height. No safety equipment had been provided – and no risk assessment had been carried out.

At the time of the incident, the project manager had also been away from the site on holiday – as was the site engineer.

On Wednesday, 11 November at Cardiff Magistrates’ Court, RHP Merchants and Construction Ltd of Newport Road in Castleton, Cardiff pleaded guilty to two single breaches of the Construction (Design and Management) Regulations 2007 and the Work at Height Regulations 2005. The construction firm was fined a total of £20,000 and ordered to pay £9,414 in costs.

After the hearing, HSE Inspector David Kirkpatrick said:

“Falls from height are one of the biggest causes of workplace death, but simple, cost effective measures are available to reduce the risks.

“All too often these are not put in place, and yet the human cost of incidents involving work at height far outweigh the cost of ensuring a safe system of work is implemented.”

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For expert legal advice on no win no fee Industrial Accident Claims, call Duncan Lewis personal injury solicitors on 020 7923 4020.


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