Contractor and property owner prosecuted for fall

Dated: 20/11/2008

Contractor and property owner prosecuted for fall

A contractor and the owners of a property undergoing repair have been prosecuted after a worker fell from a roof.

Michael Stephenson of Horton Bank Top, Bradford was fined £2,000 and ordered to pay costs of £1,500 at Halifax Magistrates Court on Friday 7 November, after pleading guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005.

Calderbrook Estates of Ripponden, West Yorkshire was fined £2,500 and ordered to pay costs of £3,355 after pleading guilty to breaching the same regulation, by act or default, by virtue of Section 36(1) of the Health and Safety at Work etc Act 1974.

The incident took place in October last year at Ladyship Mills, Old Lane, Halifax. Michael Stephenson was engaged by the mill's owners, Calderbrook Estates, as a roofing contractor.

The Health and Safety Executive (HSE) told the court that Calderbrook Estates had partly organised the roof work with Michael Stephenson, and had failed to supervise and monitor the system of work that he had put in place.

Towards the end of the work, a subcontracted roofer working for Mr Stephenson, Francis Ancliffe, fell four metres from the roof and broke both his heels after a ladder he was using became detached from the roof ridge.

'Properly planned'

The HSE claimed there had been problems with the "systems of work" from the start of the job. Scaffolding and guard rails were not provided at all places they were required and the scaffolding was taken down before the work was completely finished.

The Executive added that there was also a risk of falling through glass in the roof, and when the glass was removed, of falling through to the factory floor below. None of this had been dealt with correctly, the court heard.

HSE inspector David Welsh commented: "The incident need never have happened if the correct systems had been planned and put in place. I hope other businesses can learn from this incident and appreciate the high risk involved with work at height on roofs.

"Injuries caused by falls from heights are the biggest cause of death at work in Great Britain. Work at height must always be properly planned, appropriately supervised and carried out in a safe manner."

Section 36(1) of the Health and Safety at Work etc Act 1974 states: "Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person."

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