Health and Safety Failings – Multiple prosecutions after worker fell to his death

Multiple prosecutions after worker fell to his death

Key Facts:

• A toy distributing firm and a builder have been prosecuted after a worker fell to his death.
• The worker fell 9m after falling through a warehouse roof panel whilst undertaking work at height.
• The toy company was fined £200,000 and £10,483 in costs.
• The builder was given a six month prison sentence, suspended for twelve months.

The Case:

An investigation was launched after a worker fell to his death from the roof of a toy distributor’s warehouse.

The toy distributing company were having some issues with debris washing down the warehouse roof and overflowing into the warehouse below. Therefore, they had contracted a builder to undertake roof cleaning work. However, they failed to ensure the builder was competent.

The builder and his employee climed onto the 36,000 square foot roof, without having undertaken any preparation work, planning, or risk assessments. No harnesses or other safety equipment was used.

Four days into the roof cleaning project, the builder’s employee stepped onto one of the clear panels, designed to let light into the warehouse. He fell through the panel, falling 9m to the concrete floor below. He was pronounced dead at the scene.

The case was heard at Preston Crown Court on 20 March 2015, where both the builder and the toy distributing company were prosecuted as a result of the incident.

The toy company pleaded guilty to a single breach of the Health and Safety at Work etc Act 1974 and were fined £200,000 and £10,483 in costs.

The builder was given a six month prison sentence, suspended for 12 months, for a breach of the Work at Height Regulations 2005 by failing to make sure the work was carried out safely.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Allen Shute stated that:

“Craig Gray should never have been allowed onto the warehouse roof without being given suitable training and equipment, but both Halsall Toys and David Plant allowed his life to be put in danger.

Halsall Toys hired Mr Plant to carry out the work despite him not having any previous experience of working on industrial roofs. The firm should have carried out checks to make sure the work would be carried out safely.

Mr Plant also had a legal duty to make sure the right equipment was used for the job, whether it was using harnesses or simply placing covers over the fragile roof panels to remove the risk of them collapsing.

Sadly incidents of workers falling through warehouse roofs are all too common, and it’s vital firms do more to make sure this kind of work is carried out safely and by competent people.”

What the law states:

Regulation 9(2) of the Work at Height Regulations 2005 states:

Where it is not reasonably practicable to carry out work safely and under appropriate ergonomic conditions without passing across or near, or working on, from or near, a fragile surface, every employer shall ensure, so far as is reasonably practicable, that suitable and sufficient platforms, coverings, guard rails or similar means of support or protection are provided and used so that any foreseeable loading is supported by such supports or borne by such protection; where a risk of a person at work falling remains despite the measures taken under the preceding provisions of this regulation, take suitable and sufficient measures to minimise the distances and consequences of his fall.

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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