Director fined after worker's fatal fall through roof

Date:

4 May 2012

The director of a building firm has been prosecuted after a self-employed contractor fell to his death through a fragile roof at an industrial building in Penryn.

Paul Gibbons, 59, who lived in Porthleven, was carrying out re-roofing work for Acryflor Ltd at the Kernick Road Industrial Estate on 22 September 2008 when he fell eight metres through a fragile part of the asbestos cement roof onto the floor below. He was taken to hospital but died of his injuries later that day.

An HSE investigation into the incident found that Onyx Europe Ltd, (formerly Acryflor Ltd) had failed to put adequate safety measures in place at the site despite the risks involved with working at height.

Truro Crown Court heard yesterday (3 May) the work had not been adequately planned and no safety nets or crash deck platforms had been provided to mitigate the effects of a fall.

HSE Inspector, Jon Harris, speaking after the hearing, said:

"Mr Gibbons' death could have been prevented if the work had been planned properly and industry standards, such as providing netting, had been applied. The risks of working at height are well-known and falls through fragile materials are the cause of one in five deaths in the construction industry.

"Acryflor Ltd had a duty of care to Mr Gibbons not to expose him to risk as far as was reasonably practical. Mr Williams, as a director of Acryflor, shared that duty.

"The company should have employed a planning co-ordinator to develop a construction plan for this work and the project should have been overseen by someone with appropriate knowledge and experience.

"Safety nets are the industry recognised standard for this purpose and in this case were installed following the incident."

Matthew Peter Williams, of Trelan Farm, Menerdue Lane, Carnmenellis, Redruth pleaded guilty to breaching Section 37 (1) of the Health and Safety at Work etc Act 1974 and was fined £2,500 and ordered to pay costs of £2,500 after the judge heard he was £1.5 million in debt and had an annual income of £15,000.

Further information on how to reduce the risk of falls from height can be found on the HSE website 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. www.hse.gov.uk
2. Section 37(1) of the Health and Safety at Work etc Act states: Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3. HSE news releases are available at www.hse.gov.uk/press.

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