Companies fined £400,000 after labourer's fatal fall

Date:

12 April 2011

Release No:

SCO/032/11

Two companies have been fined a total of £400,000 for breaches of health and safety legislation that resulted in the death of a stonemason's labourer at a Glasgow construction site.

James Kelly, a labourer employed by Stirling Stone Ltd, was working on the third level of a loading tower of scaffolding that had been erected as part of construction work taking place at Glasgow Academy, Colebrook Street, Glasgow. Stirling Stone had been contracted as stonemasons on the site by Robertson Construction Central Ltd.

On 26 April 2007, Mr Kelly fell to the ground from the scaffold loading tower platform. He died later from his injuries. A single guard rail was found on the ground close to where Mr Kelly was discovered.

Following the incident, inspectors from the Health and Safety Executive (HSE) discovered that there was no safe system of work in place for loading materials onto the loading tower, nor had suitable assessment of the risks involved been made. The investigation also revealed that the loading tower did not have sufficient guard rails and toe boards and that neither company had ensured that the tower and access scaffolding was properly inspected on a regular basis.

Both companies were found guilty of health and safety breaches at an earlier trial. Today at Glasgow Sheriff Court, Robertson Construction Central Ltd of Perimeter Road, Elgin, Moray, was fined £200,000 for breaching Section 3(1) of the Health and Safety at Work etc 1974 Act. Stirling Stone Ltd was fined £200,000 for breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

John Shelton, HSE Inspector for Construction, said:

"What happened to Mr Kelly was entirely preventable and would not have happened if the proper steps had been taken.

"Loading up operations at scaffold loading towers are repeated on construction sites across Scotland probably thousands of times a day.

"There is no excuse for the contractors not to have agreed procedures as to how this work was to be done and ensured that this routine work was carried out safely.

"Where vital edge protection is removed temporarily to allow loading up to take place steps must be taken to ensure persons cannot fall during that work."

The risks of working at height are well known, and free guidance on working safety at height is available at www.hse.gov.uk/falls

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. http://www.hse.gov.uk/
2. In Scotland the Crown Office and Procurator Fiscal Service has sole responsibility for the raising of criminal proceedings for breaches of health and safety legislation.
3. 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."
4. Section 3(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such as 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".

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