Giovanni Mastrodomenico, 56, from Swindon, fell four-metres through a
waterproof membrane into the unguarded hole while working at the
Marlborough Park development in the town on 31 August 2011.
The
Health & Safety Executive (HSE) this week prosecuted his employer
Tego Roofing Ltd, of Oxford, and Surrey-based principal contractor Wates
Construction for safety failings relating to the incident.
Swindon
magistrates heard that Mr Mastrodomenico was carrying out metalwork
prior to the installation of a vent on the roof of the new apartment
block. The hole he plunged through was where the vent was to be placed.
He fell four metres onto a concrete floor below, causing permanent injuries that have left him confined to a wheelchair.
An
HSE investigation found that scaffolding under the hole inside the
building had been removed because it was obstructing an emergency escape
route, and that scaffolding planks had subsequently been placed over
the hole instead. However, these planks were in turn removed to allow
workmen to lay a waterproof membrane over the hole in preparation for
the vent to be installed. There was nothing to in place to prevent or
mitigate Mr Mastrodomenico’s fall.
The court was told that the
risk assessment and method statement for the work was unsuitable and
insufficient because it failed to refer to the installation process for
the vent.
There was confusion about who the site supervisor was
when the incident happened and, although the site manager had seen the
roofers working near the hole, he did not stop the work or ensure the
scaffolding boards were replaced.
HSE established that Tego
Roofing failed to provide adequate supervision or instruction to its
employees while working on the roof, and also that workers failed to
identify the risk or warn others, including Mr Mastrodomenico, of the
hazard created by the removal of the boards covering the hole.
It was said that Wates failed to plan, manage and monitor the work and did not ensure there was a risk assessment in place.
Tego
Roofing Ltd, of Monument Business Park, Chalgrove, Oxford, was fined
£10,000 and ordered to pay £9,460 in costs after pleading guilty to
breaching Regulation 13(2) of the Construction (Design and Management)
Regulations 2007. CDM & Managing Contractors
Wates
Construction Ltd, of Station Approach, Leatherhead, Surrey, was fined
£18,000 with costs of £11,127 after also pleading guilty to a separate
breach of the same regulations.
Speaking after the hearing, HSE
inspector Keiron Jones said: "Mr Mastrodomenico’s life and that of his
family have been completely changed by the management failings on the
site. Apart from the pain and suffering he has gone through, his
employment opportunities are now restricted and he will never be able to
walk again.
"Construction companies and their contractors must
have proper plans in place to allow their employees to complete the job
safely. NEBOSH Certificate in Construction Health & Safety
"As
principal contractor, Wates failed to plan, manage and monitor the
work, and ensure there was a risk assessment in place. Tego also failed
in their duty to provide a risk assessment, ensure there was adequate
supervision on-site and make sure there was a safe system of work for
the installation of the vent.
"Falls from height are the biggest
killer in the construction industry and last year alone more than 6,300
employees suffered major injuries following a fall. Working at height
must always be properly planned."
Corporate Risk Systems comments:-“ for just a few days training all this could have been avoided” visit our website www.crsrisk.com or call us now 01283 509175
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