
A trainee roofer, then aged 23, working on a roof refurbishment contract, fell around 8m through a rooflight at the Currys retail outlet in Erdington, Birmingham, on 6th January 2005. Investigation led to prosecution of his employer, Letchworth Roofing Company Ltd of Hertfordshire, the accident victim escaped with a fractured jaw and soft tissue injuries. The company was fined £50,000, with costs of £23,000, having pleaded guilty to a breach of s.2(1) of the Health and Safety at Work etc Act 1974 but the hearing was subjected to a Newton hearing¹, as the facts were not agreed.
¹ A Newton hearing occurs when the defendant has pleaded guilty to the offence, but on the basis of a different version of the facts from that of the prosecution. At a Newton hearing evidence will be heard on the disputed facts, but it is not necessary if the disputed facts do not affect the sentence.
Comment:
"It is unfortunate that on this occasion simple and cost effective measures were not put in place which would have prevented the fall that injured ____ ___. Companies need to realise the necessity of implementing appropriate safety measures to provide a safe working environment, preventing falls and avoiding injuries such as these.
Preventing such injuries is the focus of the current Height Aware campaign, where we are asking people 'to take a moment and not a fall'. The campaign highlights that falls from height are the most common cause of work-related deaths. Every year, around 80 people are killed and more than 5,500 seriously injured as a result of falling from height." - Prosecuting HSE Inspector.
 |