• Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    CLIENT AND OTHERS IN COURT OVER SITE FATALITY

    Roofworker slipped to his death under inadequate edge protection

    A construction client, contractor, director and roofworker have been sentenced after a worker fell around 7m to his death on a construction project in Staffordshire in December 2010.

    Stafford Crown Court heard (2 Dec) heard that experienced roof worker Phillip Lonergan was working on construction of a new warehouse on land in Fauld, Tutbury.

    Mr Lonergan was standing on installed roof sheeting at the edge of the roof. He was facing up the roof pitch with his back to the roof edge when he fell or slipped and slipped from the roof through the gap (>50cm) between the bottom guard rail and laid roofsheet. He died in hospital the same day from head injuries.

    HSE investigators found that the edge protection was provided by Nottinghamshire-based Albion Tower and Scaffold Ltd. The company director, Lee Cotterill (who had no formal scaffolding qualifications) controlled of the design, planning and construction of the edge protection and personally “signed it off” as being safe.

    The court heard that the edge protection comprised two scaffolding guardrails running around the roof edge attached to vertical tubes. The relevant British Standard permits a minimum of two guardrails when the angle of the roof is 10 degrees or less. The pitch of the roof in question was 20 degrees.

    Client unaware of CDM 2007 duty

    Roofer Peter Allum was approached by E2 to install the roof panels and he engaged a number of roofers the work. He was supplied with the roof plans showing the 20-degree angle in October 2010 but failed to deal with the risks posed by the inadequate edge protection.

    E2 Developments Ltd was found to be unaware of the Construction (Design and Management) Regulations 2007 and the client duty to notify HSE of the work and appoint a competent project co-ordinator (CDM-C)  and principal contractor (PC). The offences involved:

    • E2 Developments Ltd – of Burton-on-Trent pleaded guilty to breaching Regulations 14(1), 14(2) and 22 of the Construction, Design and Management Regulations 2007 and was fined a total of £66,000 with costs of £13,200.
    • Peter Allum – aged 41, of Burton-on-Trent, admitted breaching Section 3(2) of the Health and Safety at Work etc Act 1974 and was fined £1,500 with £1,500 costs.
    • Lee Cotterill – aged 53, of Aston-on-Trent pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. He was sentenced to three months in prison, suspended for 12 months, and ordered to pay costs of £4,000.
    • Albion Tower and Scaffold (East Midlands) Ltd – Watnall, Nottinghamshire, was fined £53,000 and ordered to pay £15,500 in costs after pleading guilty to the same offence.

    Speaking after the hearing HSE inspector Lindsay Hope said:

    “Each defendant failed to ensure Mr Lonergan and other roofers could work safely. In each case their failure was a significant cause of Mr Lonergan’s death.

    The temporary edge protection should have had a third guard rail to reduce the space for a person to slide through. It should also have had netting around the edge, or toe boards. No such safety measures were in place. The edge protection was therefore inadequate to reduce the risk of serious harm – something that should have been obvious to both Albion and its director Lee Cotterill.

    E2 was provided with architects’ plans showing the roof was at a 20-degree pitch but failed to plan, manage or monitor the work in order to eliminate the risk of a fall. One of the directors had never heard of the regulations the company should have been working to. It was therefore very difficult for the company to discharge its duties under those Regulations if directors were ignorant of them.

    Peter Allum was aware of the obvious risk of harm posed by the inadequate rails, but did nothing about it. As an experienced roofer he could, and should, have tackled the issue.

    Latest Construction Health and Safety News

    HSE ENFORCEMENT WEEKLY UPDATE 18th JULY 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 18th July 2018

    MASSIVE FINE OVER USE OF UNSAFE GAS FITTINGS

    College gas installation contractor exposed after multiple gas leaks

    Read the rest of this article »

    Posted on 17th July 2018

    TEMP WORKS DESIGNED BY MANAGER AND UNCHECKED

    Collapse of platform highlighted failure in temporary works management

    Read the rest of this article »

    Posted on 17th July 2018

    RAISING SAFETY STANDARDS FOR CRANE LIFTING OPS

    Major crane seminar seeks to raise standards and share best practice

    Read the rest of this article »

    Posted on 17th July 2018

    WORKMAN SURVIVES 6m FALL THROUGH ROOFLIGHT

    Unsecured boards provided to cover nearby fragile materials

    Read the rest of this article »

    Posted on 17th July 2018

    MAJOR FACILITIES FIRM FAILED ON FLAT ROOF SAFETY

    Site specific planning lacking and safety standards not monitored

    Read the rest of this article »

    Posted on 17th July 2018

    HSE ALERT: UNAUTHORISED ACCESS TO SCAFFOLDS

    hselogo1Regulator sets out new guidance to protect children and the public

    Read the rest of this article »

    Posted on 17th July 2018

    ASSUMING OTHERS WILL ACT IS NO DEFENCE

    Incomplete edge protection caused 8m fall from roof

    Read the rest of this article »

    Posted on 17th July 2018

    LEADING ROOFING SPECIALIST FOUND WANTING

    Risk to employees and the public after failure to meet required standard

    Read the rest of this article »

    Posted on 17th July 2018

    SCAFFOLDER DEVELOPMENT EMBRACED BY INDUSTRY

    CPD training attracts over 2500 scaffolders during first year of operation

    Read the rest of this article »

    Posted on 11th July 2018

    SECURITY PANELS FELL DESPITE EARLY WARNING

    Firm fined £1/4 million after worker crushed by falling fencing

    Read the rest of this article »

    Posted on 10th July 2018

    VEHICLE STRIKE TRIGGERED FALL OF ROOF TRUSSES

    Manufacturer failed to identify a suitable safe system of work

    Read the rest of this article »

    Posted on 10th July 2018

    INCIDENT: CHILD STRUCK BY FALLING OBJECT

    Wood falling from scaffold triggers arrest of two on construction site

    Read the rest of this article »

    Posted on 10th July 2018

    IGNITION OF THINNERS VAPOUR CLAIMED TWO LIVES

    Refurbishment project director jailed over fatal use of flammable solvent

    Read the rest of this article »

    Posted on 10th July 2018

    HSE LONDON REFURBISHMENT CAMPAIGN FINDINGS

    hselogo1Material breaches of law found at over 50% of London sites visited

    Read the rest of this article »

    Posted on 4th July 2018

    CURFEW AND TAGGING FOR RECALCITRANT SCAFFOLDER

    Suspended jail sentence handed down after unsafe work at height

    Read the rest of this article »

    Posted on 4th July 2018

    CONSTRUCTION SECTOR DEATHS RISE SHARPLY

    HSE report construction worker deaths increase by 27% during 2017/18

    Read the rest of this article »

    Posted on 4th July 2018

    BUILD UK UPDATE KEY CONSTRUCTION H&S ADVICE

    Majors industry body endorses “go to” source of H&S information

    Read the rest of this article »

    Posted on 2nd July 2018

    OXYGEN CYLINDER “FIRED” INTO WORKSHOP

    Violent discharge of gas bottle seriously injured two engineers

    Read the rest of this article »

    Posted on 2nd July 2018

    PRISON SENTENCE OVER FAILURE TO MANAGE RISK

    Sole trader contractor ignored HSE advice once too often

    Read the rest of this article »

    Posted on 2nd July 2018

    DEATH EXPOSED MINIMAL MEWP MAINTENANCE

    Court told about “almost complete” lack of MEWP maintenance

    Read the rest of this article »

    Posted on 21st June 2018

    CONTRACTOR FAILED TO IDENTIFY ASBESTOS PRESENCE

    ACMs disturbed during works and firm failed to take suitable actions

    Read the rest of this article »

    Posted on 21st June 2018

    FALL THROUGH ROOF ON LOCAL COUNCIL BUILDING

    Fragile rooflight fractured when workman ‘misplaced footing’

    Read the rest of this article »

    Posted on 21st June 2018

    YOUNG WORKER POSED SPECIAL RISK TO CONTROL

    Conviction highlights duty to young persons and the vulnerable

    Read the rest of this article »

    Posted on 21st June 2018

    TOWER DEFECTS AND UNSAFE SYSTEM CAUSED DEATH

    Maintenance supervisor fell to his death through roof opening

    Read the rest of this article »

    Posted on 21st June 2018
    Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data