Midlothian roofing contractors fined after worker falls ten metres through factory roof

HSE/SCO/151/2009 31 August 2009

The Health and Safety Executive (HSE) today warned of the dangers of working on or maintaining fragile roofs, following the conviction of a Scottish company, TQR Ltd of Dalkeith and a sub-contractor, David O'Neil of Cleland, near Motherwell, for breaching health and safety regulations.

The warning follows a serious incident in which a 19 year old worker fell almost 10 metres into an occupied factory whilst carrying out refurbishment work on the roof of a building at Buttlerfield Industrial Estate, Bonnyrigg, in April 2008.

At Edinburgh Sheriff Court today (31st August, 2009) TQR Ltd was fined £6,000 after pleading guilty to charges under sections 3(1) of the Health and Safety at Work etc Act 1974.

David O'Neil, a sub contractor, was fined £3,000after pleading guilty to charges under section 3(2) of the Health and Safety at Work etc Act 1974.

The building owners contracted TQR Ltd to carry out repairs to the roof of the building, including fitting an over cladding to the existing roof to address leaks. TQR Ltd subcontracted the work to David O'Neil, who supplied the labour for the job, working under the direction of TQR Ltd.

During the course of the work, the injured person stepped onto an unprotected plastic fragile rooflight at the ridge of the roof. The rooflight gave way and he fell 9.92 metres to the factory floor below, sustaining serious injuries.

HSE inspector Alastair Brown commented after the case:

"Last year 34 people were killed following falls from height during construction work, making it the largest cause of fatalities in the industry. The measures which should have been taken to prevent this incident happening were straightforward and well documented.

"Both contractors involved failed to recognise the risks posed by the presence of fragile rooflights on this building, or to establish their fragility prior to work beginning.

"In view of the well known and documented risks posed by such rooflights during industrial roof works this was very disappointing, and resulted in a serious incident which could have been avoided."

In March 2009 HSE carried out an intensive inspection initiative which focussed on the risks of work at height associated with refurbishment works.

Notes to editors

http://www.hse.gov.uk/construction/tripsandfalls/height.htm

1. Section 3(1) of the Health and Safety at Work Act 1974 states:
   
   "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."
2. Section 3(2) of the Health and Safety at Work Act 1974 states:
   
   "It shall be the duty of every self employed person to conduct his undertaking in such a way as to ensure, so far as reasonably practicable, that he and other persons (not being his employees) who may be effected thereby are not thereby exposed to risks to their health or safety"
   

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Issued on behalf of the Health and Safety Executive by COI News and PR Scotland.