Three fined after man loses life due to fall through fragile roof

A company, its director, and a self-employed contractor have been prosecuted by the Health and Safety Executive (HSE), after Terry Lewis (a 65 year old retired mechanic) was fatally injured by falling through a roof light.

Warrington Crown Court heard how on 11 June 2013, Terry Lewis was working with his friend, Leigh Bakewell. They were cleaning roof lights on the roof of a building at Radnor Park Industrial Estate, Congleton.  Mr Lewis fell approximately 7m through a roof light to the work-shop floor underneath, and subsequently died.  Both the roof and the roof lights were not able to support the weight of a person.

The HSE investigation found that Leigh Bakewell, who primarily was a gardener and not a roofer, did not take precautions to prevent a fall through the roof, nor off its edge. He did not have the necessary knowledge or competence to carry out the work.

Roman Lodge Asset Management Limited failed to have adequate systems in place to ensure a competent roofer was appointed. Both the company and Jonathan Marshall 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.

Roman Lodge Asset Management Ltd, of Dane Mill, Broadhurst Lane, Congleton, pleaded guilty to breaching Regulation 4(1) and Regulation 5 of the Work at Height Regulations 2005, and were fined £20,000 with £8,010.00 costs.

Its 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 £8,010.00 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 costs.

HSE inspector Warren Pennington said after the hearing: “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 (of roof work standards), 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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Four receive suspended jail sentences for health and safety failings

The director of a Port Talbot furniture factory and three of its managers have received suspended prison sentences for ongoing health and safety failings. 

Swansea Crown Court heard how the factory at Margam Hall Upholstery Limited in Henshaw Street, Port Talbot was included in the Health and Safety Executive’s (HSE) programme of visits to woodworking premises, which are considered a high risk industry because of dangerous machines and hazardous substances including wood dust and glues.

The visit highlighted a number of health and safety concerns at the factory in early 2015 including poor control of wood dust, no maintenance of work equipment including fume and dust extraction and noisy conditions. There were inadequate toilet and washing facilities. Ten Improvement Notices were served on the company in February 2015, and despite ongoing intervention by the HSE, there was little progress and conditions remained poor. Seven of the Improvement Notices were not complied with.

After the hearing, HSE Inspector Helen Turner said: “We always try to work with duty holders to help them understand their responsibilities and improve conditions but there is no excuse for people running a business not to know what health and safety standards apply to their work.

“When directors or managers who have the power to make the improvements blatantly disregard their workers’ health and safety we have no option but to prosecute.”

Judge Geraint Walters said: ““The operation the four of you were engaged in was nothing short of a ticking time bomb in relation to the health and safety of employees.”

Free guidance on managing the risks within the woodwork industry is available on HSE’s website: http://www.hse.gov.uk/woodworking/index.htm

The four defendants were previously in charge of Celtic-Leather and Fabric Upholstery Ltd at the same factory premises. This company was prosecuted by the Health and Safety Executive in 2015 for similar health and safety breaches.

Director Brian Baggs, of Mount View Terrace, Port Talbot pleaded guilty to breaching Section 37 of the Health and Safety at Work etc Act 1974, and was given a 10 month prison sentence suspended for 2 years and ordered to pay costs of £2,500. He was also disqualified from acting as a company Director for 5 years.

David Lewis, a shareholder and manager, of Manor Way, Briton Ferry pleaded guilty to breaching Section 37 of the Health and Safety at Work etc Act 1974, and was given a 10 month prison sentence suspended for 2 years and ordered to pay costs of £2,500. Although not a current director, he was also disqualified from acting as a company Director for 5 years.

His brother Matthew Lewis, also a shareholder and manager, of Ford Road, Velindre, Port Talbot, pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974, and was given a 10 month prison sentence suspended for 2 years and ordered to pay costs of £2,500. Although not a current director, he was also disqualified from acting as a company Director for 5 years.

Michael Ball, a shareholder and manager, of High Street, Ogmore Vale, Bridgend, pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974, and was given a 10 month prison sentence suspended for 2 years and ordered to pay costs of £2,500. Although not a current director, he was also disqualified from acting as a company Director for 5 years.

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Metal company fined after worker loses foot

A Bedfordshire metal company has been fined for safety breaches after a worker suffered severe leg injuries and lost most of his foot.

Luton Magistrates’ Court heard how 24 year-old Luke Simpson, who was an agency worker for the company, was injured when a trolley carrying metal stock fell on his legs causing severe injuries.

A bundle of 18 stainless steel bars weighing about 900kg was on a four wheeled trolley. The trolley was manually moved by Mr Simpson and another staff member but it tipped over and the bundle of bars fell off the top of the trolley trapping his leg and foot. He was rushed to hospital by the emergency services.

Mr Simpson’s right leg was broken and his right foot was badly crushed. Despite a number of operations to save his foot, most of it was amputated and he now has a prosthetic foot. It was many months before he was able to return to work. Mr Simpson is currently only able to work on a part-time basis.

HSE found that the metal trolleys had been used on site for some 20 years without incident. Smiths purchased the trolleys to be used as ‘workstations’, but employees had chosen to also use them to move metal stock around the site. There was no risk assessment or written system of work for these trolleys at the time of the accident. The trolley also had faulty wheels and there was no record of any maintenance.  After the accident, the trolley was given a safe working load of 500kg; half the weight placed on the trolley at the time of the accident.

Smiths Metal Centres Limited of Stratton Business Park, Bedfordshire pleaded guilty to Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £130,000 with costs of £2,456.40 and a victim surcharge of £120.

Speaking after the hearing, HSE Inspector Emma Page said: “Luke’s life has been drastically altered by what happened and this incident could have been very easily avoided with some very simple measures. The right equipment and a correct maintenance system would have prevented this from happening.”

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In a street near you

HSE construction inspectors are carrying out unannounced visits to sites where refurbishment projects or repair works are underway.

This year the Initiative began on 3 October 2016 and will end early November 2016.

Inspectors will be out and about ensuring high-risk activities, particularly those affecting the health of workers, are being properly managed.

These include

• risks to health from exposure to dust such as silica are being controlled
• workers are aware of where they may find asbestos, and what to do if they find it
• other health risks, such as exposure to noise and vibration, manual handling and hazardous substances are being properly managed
• jobs that involve working at height have been identified and properly planned to ensure that appropriate precautions, such as proper support of structures, are in place
• equipment is correctly installed / assembled, inspected and maintained and used properly
• sites are well organised, to avoid trips and falls, walkways and stairs are free from obstructions and welfare facilities are adequate  

Where serious breaches of legislation are found then immediate enforcement action will be taken, but Inspectors will also be taking steps to secure a positive change in behaviour to ensure on-going compliance.

Health and safety breaches with clients and designers will also be followed up to reinforce their duties under CDM 2015 and to ensure that all duty holders with on site health and safety responsibilities understand and fulfil these.

Site Management Safety Training Scheme (SMSTS)   CITB - Site Supervisors Safety Training Scheme (SSSTS)

Environmental services firm fined for safety failings

A Lancashire based environmental services company has been fined after a worker suffered serious injuries when his arm was crushed by machinery.

Preston Magistrates’ Court heard how on the 20th May 2015 30-year-old worker, Muhammad Shoaib, was working on a waste line cleaning out waste plastic material from a conveyor belt when the machinery was started and his arm was drawn in between the rollers and the belt.

Mr Shoaib suffered crush injuries in two places on his left arm and needed extensive surgery. He has not been able to return to work since the incident.

HSE’s investigation found that no suitable and sufficient risk assessment had been carried out to identify the risks from the rollers. There was no suitable isolation process or guarding in place, and no safe system of work for cleaning the rollers.

HSE Inspector Sharon Butler said: “This incident was entirely preventable. It is essential to take effective measures to prevent access to dangerous parts of machinery. As in this case the outcome for ignoring these simple safety measures can result in life changing injuries and a substantial fine.”

Consillium Environmental Services Limited, Tower Road Business Park, Darwen pleaded guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974 and was fined £30,000 with £4500 in costs.

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