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PRISON SENTENCE FOR SOLE TRADER CONTRACTOR

Client failed to appoint a competent contractor for roofwork

The Lundy Company Limited and sole trader Justin Courtney Ford have both been fined after a workman fell more than 3m through a fragile roof in August 2015.

Exeter Magistrates heard how the workman was working to remove a roof when he fell over 3m onto concrete floor below. He suffered multiple injuries including a broken collar-bone, broken ribs, a partial collapsed lung, and a head injury, as a result of the fall.

HSE investigators found the work was not properly planned, appropriately supervised or carried out in a safe manner over a period ranging from February 2015 to August 2015.

Lack of fall prevention measures

The Lundy Company failed to ensure they “nominated a competent contractor” to carry out the work. The work was then carried out under the control of Mr Ford without scaffolding or safety precautions to prevent falls from height.

  • The Lundy Company Limited – of Shottesbrooke Park, Maidenhead, pleaded guilty to breaching Regulation 3 (1) of the Health and Safety at Work etc Act 1974, and has been fined £30,000 and ordered to pay costs of £4,800.
  • Justin Courtney Ford – of Carnyorth, Cornwall pleaded guilty to breaching Regulation 4 (1) of the Work at Height Regs 2005, and was given a three month sentence, suspended for 12 months, and ordered to pay costs of £2,500.

Speaking after the hearing, HSE inspector Nicole Buchanan said:

“This incident could so easily have been avoided had the company simply carried out correct control measures and safe working practices.

Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

 

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