£3,000 fine following fatal Bristol scaffold fall

Date:

27 April 2011

Release No:

766/SWW/11

The owner of a Bristol scaffolding company has been fined after the death of one of its employees who fell from a temporary roof he was dismantling.

Shaun Stevens, 41, fell about four metres while deconstructing a temporary corrugated sheet roof at Flooks Scaffolding at the Old Brains Factory, Bridge Road, Kingswood, Bristol, on 4 October 2006.

Mr Stevens from Bristol suffered serious head injuries as a result of his fall and was taken to hospital, where he died 12 days later.

Russell Lee Flook, trading as Flooks Scaffolding, of Tower Lane, Warmley, Bristol, was prosecuted by the Health and Safety Executive (HSE). He pleaded guilty at Bristol Crown Court to breaches of the Health and Safety at Work etc. Act 1974.

The offences related to poor health and safety management practices, and an attempt to fake a method statement for the work. Inspectors asked for this key safety plan following the fall - but were given a document written the day after the incident.

Mr Flook was fined a total of £3,000 and ordered to pay costs of £1,000.

Speaking after the hearing, HSE inspector, Sue Adsett, said:

"Corrugated tin temporary roofs are inherently dangerous to erect and dismantle. Employers need to reconsider how they do this work and not just repeat how they have done it in the past. There are now safer ways of working to be considered, using different materials and technologies.

"All employers have a duty to protect their employees and contractors. It is up to the scaffolding employer to make sure there is a safe system of work for erecting and dismantling temporary roofs and not leave the arrangements to workers.

"The law has changed over recent years with the introduction of the Work at Height Regulations 2005, and employers need to make sure that they are fully aware of their duties."

Mr Steven's wife, Tanya Stevens, said after the case: "Shaun's death has left a huge void in our family: our daughters have no father to support them through life, and he is missing seeing our grand daughter grow up.

"Four and a half years on, we all still feel the loss of Shaun every day. He was a good father and husband and it has been hard for us all. We have struggled to cope with our grief at times and, as well as missing him greatly, I have had to deal with the emotional and financial strain of bringing up the girls single-handedly.

"I hope that Russell Flook has learnt from this and takes health and safety seriously on site, making sure his workers wear harnesses and work safely, so that no one else has to experience what we have gone through."

Notes to editors

1. Russell Lee Flook t/a Flooks Scaffolding pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc., Act 1974 in that: 'he failed to ensure the safety of his employees at work so far as is reasonably practicable, in particular Shaun Stevens who died from injuries he sustained at work that day when he fell from a temporary roof he was dismantling...'.
2. Russell Lee Flook t/a Flooks Scaffolding pleaded guilty to breaching Section 33(1)(k) of the Health and Safety at Work etc., Act 1974 in that: 'he did make a statement on 10 October 2006, namely the provision of a method statement dated 2 October 2006, knowing the same to be false, in purported compliance with a requirement to furnish information upon request of an inspector by virtue of the above Act....'.
3. Russell Flook was previously prosecuted by HSE on 20 January 2006 for breaches under Section 3 (1) of the Health and Safety at Work etc., Act 1974 following an incident in July 2004 in which a workman fell 2.7m from scaffolding at a private property in Bristol, injuring his back. Russell Flook pleaded guilty at Bristol Magistrates Courts and was fined £9,500 and ordered to pay costs of £5,000.
4. Further guidance on health and safety issues relating to safety when working at height can be found on the HSE website at: http://www.hse.gov.uk/falls/index
5. The court also ordered the defendant to pay a separate £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses.

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Issued on behalf of the Health and Safety Executive by COI News and PR South West