Health and Safety Failings – Timber Supplier and Roofer Prosecuted After Worker’s Death

Timber Supplier and Roofer Prosecuted After Worker’s Death

Key Facts:

• A roofer and national timber supplier prosecuted after death of worker.
• Serious safety failings were identified at the site where the employee fell over 8m to his death.
• Both parties pleaded guilty to breaching sections of the Health and Safety at Work etc Act 1974.

The Case:

A roofer and a national timber supplier have both been prosecuted following a worker’s fell to his death whilst working at height.

The employee  was working for the roofer at the timber supplier’s site when he plunged over 8m through a fragile roof.

The subsequent HSE investigation found that the timber firm had contracted the roofer to fix a leaking roof at the site, but had failed to check his competence before the work began, nor had they assessed the risks associated with the work.

The investigation found that the roofer had not planned the work appropriately, and had failed to carry out a suitable risk assessment, or provide an method statement detailing how work would be carried out. No safe access to the roof was provided; access was via an incorrectly assembled tower scaffold and an untied ladder. No suitable working platform, covering or guard rails were provided.

The case was heard at Southwark Crown Court in May 2015, where the roofer pleaded guilty to a breach of Section 3(2) of the Health and Safety at Work etc Act 1974. He was sentenced to 4 months in prison, suspended for 12 months, and fined £3,000 plus costs of £11,756.The timber supply pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. They were subsequently fined £93,750 and ordered to pay costs of £12,580.

What the HSE inspector had to say:

Speaking after the incident, HSE inspector Chris Tilley said:

‘Falls through fragile roofs are sadly all too common but this tragic incident could have been avoided if adequate checks had been carried out on the contractor’s competence, the work been planned properly and carried out with the correct equipment.

The dangers of working at height are well-known in the construction industry and guidance is widely available. The work here should ideally have been undertaken without the need to directly access the roof, for example by using a Mobile Elevated Working Platform, or, if that is not possible, with safety measures to minimise the risk of falling such as or netting, crawling boards and fall arrest harnesses.

Falls from height continue to be the most common cause of fatality to workers and accounted for 29% of deaths reported to HSE in 2013/14 – meaning that 19 workers lost their lives in falls that were avoidable.’

What the law states: 

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.’

Section 3(2) of the Health and Safety at Work etc Act 1974 states: ‘

It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.’

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