Building firm prosecuted after worker's roof fall

Date:

19 April 2010

Release No:

YH/151/10

An agricultural building company has been prosecuted for health and safety breaches that led to a worker falling four metres from the roof of a building.

The Health and Safety Executive (HSE) prosecuted TMN Fabrications Ltd of Holme on Spalding Moor, East Yorkshire for three separate offences relating to the incident.

The firm, which is now in liquidation, was found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974, Regulation 3(2) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995, and Regulation 6(3) of the Work at Height Regulations 2005 at Beverley Magistrates' Court today.

The court heard that on 28 January 2009, Dean Lightowler, 28, from Goole fell from the roof of the building at Park Farm, Everingham, York while fitting fibre-cement roof sheeting.

TMN Fabrications Ltd, failed to provide adequate edge-protection, nets or suitable work platforms for its employees during the roof work. A month after the incident employees were again required to work on the roof without adequate safeguards.

The company also failed to report Mr Lightowler's fall until 17 March - more than two months after it occurred. It was fined £22,500 and £7,103 costs.

After the hearing Inspector Geoff Clark said:

"I hope today's prosecution reminds companies that inadequate protection when working at height is unacceptable. HSE provides free guidance on the required standards for companies when working at height.

"If these standards are not followed it poses a risk of serious, if not fatal injuries for those at work, and HSE will take action."

Last year more than 4,000 employees suffered major injuries after falling from height at work, and 21 workers in the construction industry died. For more information go to www.hse.gov.uk/shatteredlives.

Notes to editors

1. Section 2(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."
2. Regulation 3(2) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 states: "Where a person at work is incapacitated for work... because of an injury resulting from an accident arising out of or in connection with work...the responsible person shall as soon as practicable and, in any event, within 10 days of the accident send a report thereof to the relevant enforcing authority." (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995)
3. Regulation 6(3) of the Work at Height Regulations 2005 states: "Where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury."

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