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ROOF FALL WORKMAN WILL NEVER WORK AGAIN

Builder failed to take precautions and lacked compulsory insurance

Merseyside Roofing Solutions (Scott Davies T/A) has been fined after an employee fell from the roof of a terraced house in Wallasey in August 2012.

The 48-year-old workman landed head first on a tarmac path causing his skull to “split open” and a severe bleed on the brain. He suffered crushed vertebra and prolapsed discs in his back, a broken collar bone plus shoulder and nerve damage. He will never work again due to the extent of his injuries. 

Wirral Magistrates heard Mr Davies was engaged to repair a flat roof, damaged roof tiles and fit new guttering at the three-bedroom home. The scaffold tower used was incomplete/unsafe and there was inappropriate protection for the edge of the roof.

The workman was injured when he slipped down a sloping section and fell 6m to the ground below.

The court was told Mr Davies did not have any Employers’ Liability Compulsory Insurance (ELCI) at the time of the incident. ELCI requires businesses in GB to insure against liability for bodily injury or disease sustained by employees.

Unable to make insurance claim for compensation

Scott Davies, 39, pleaded guilty to separate breaches of the Health and Safety at Work etc Act 1974 and the Employers’ Liability (Compulsory Insurance) Act 1969. Mr Davies, of Rowson Street in New Brighton, was ordered to carry out 100 hours of community service in the next 12 months, and to pay prosecution costs of £3,000 on 9 April 2013.

Speaking after the hearing, HSE Inspector Mark Baker said:

“The worker sustained horrific life-changing injuries and could easily have been killed. Scott Davies was in charge of the work, but he failed to put in place suitable safety measures. The scaffolding tower was unsafe and there was no barrier around the roof to prevent workers falling to the ground below.

The injured worker’s injuries mean he will never be able to return to work, and will need support for the rest of his life. Sadly Mr Davies’ decision not to get insurance, despite it being a legal requirement, means that the worker will be unable to make an insurance claim for compensation.”

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