A Trafford firm has been fined £145,000 after an employee plunged ten metres through a fragile roof onto a concrete floor, and died two years later from his injuries – which could now see work compensation claims.
J Mills (Contractors) Ltd was prosecuted by the Health and Safety Executive (HSE) for failing to put any safety measures in place to stop the 32-year-old falling while he was replacing a skylight on a warehouse in Ashton-under-Lyne.
Manchester Crown Court heard that the father-of-one from Lower Broughton, Salford, sustained several serious injuries in the fall on 31 March 2007, including a fractured skull.
He developed post-traumatic epilepsy as a result of his injuries, and was never able to return to work. He died from an epileptic seizure in April 2009.
The court heard that the man’s line manager had received advice from HSE just one week before the incident which could have saved his life.
Accident compensation could be awarded to the man’s family after a HSE inspector explained to him how to safely manage work on fragile roofs, but this advice was not acted upon.
The incident occurred at Kayley Industrial Estate on Richmond Street in Ashton-under-Lyne, where the man was working a Saturday shift.
He was on the roof with two of his colleagues when he placed his weight on the delicate cement surrounding the glass.
The cement shattered, and he fell through the gap. The HSE investigation found J Mills had not carried out a risk assessment or put any safety measures in place to protect him, meaning successful accident claims could be made.
J Mills (Contractors) Ltd, of Higher Road in Urmston, admitted breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by putting workers at risk. The company was ordered to pay £7,700 in prosecution costs in addition to the fine on 31 October 2011.
After the hearing, David Norton, the investigating inspector at HSE, said:
“This is a tragic case in which someone has lost their father as a result of an entirely avoidable incident.
“Mr Kerwin was allowed to walk across a roof without anything in place to stop him falling.
“Just one week before, his line manager was advised by a colleague of mine about the dangers of working at height, and how to protect employees. If he had acted on this advice then I’m confident he would still be alive today.”
Posted by Bryony Flack-Crane
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