Health and Safety Failings – Director prosecuted after contractor suffers fatal fall

Director prosecuted after contractor suffers fatal fall

Key Facts:

• Director prosecuted after a self-employed worker fell to his death from the roof of a South Devon animal crematorium.
• A number of health and safety failings were identified that could have prevented the fatal fall.
• The director prosecuted for breaching health and safety regulations and fined £45,000 plus costs of £8,180.

The Case:

The owner of a South Devon animal crematorium has been prosecuted after a self-employed worker died whilst undertaking roof repair work in an incident on 6 September 2013.

On the of the fatal incident, the 49-year-old worker was working to repair holes in a cement fibre roof at the crematorium, with the help of an employee of the company. He was lying on the fragile roof and reaching for a drill when the roof gave way and he fell 6.6m to the ground below. He hit a wooden pallet and metal frame before hitting the ground in the fatal fall. The pallet had been placed there with the intention of breaking any falls, but was entirely inadequate and unsuitable for the job.

The subsequent HSE investigation found that neither of the two men undertaking the work had any training or expertise in carrying out work at height. There was no proper equipment in place to prevent or lessen the effects of the falls such as crawling boards, work platforms, harnesses or lanyards. The workers were permitted to walk on the roof, despite a sign on the building saying ‘Danger – Fragile Roof’. No risk assessment or method statement had been prepared for the work. The employer had also failed to identify whether or not the contracted worker was competent to carry out roof work, and knew that their employee had no qualifications for the work.

The case was heard at Exeter Crown Court on 16 April 201, where the director pleaded guilty to breaching Section 3 (1) and Section 2 (1) of the Health and Safety at Work etc Act 1974. The director prosecuted was fined a total of £45,000 plus costs of £8,180. 

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Helena Allum stated that:

“Mr Hoskin’s tragic death revealed a catalogue of serious safety failings with this job. 

Employers must make sure people they ask to do work for them have the right training and experience for the job and are provided with the equipment to do it safely. Activities must be properly assessed and planned in advance. 

Falls from height are one of the most common causes of fatalities at work and yet simple procedures and planning could save many lives.” 

What the law states:

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.” 

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 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.” 

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