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Company director sentenced to unpaid work after employee falls from height

A company and its director have been sentenced after an employee fell from height and suffered serious injuries.

Andrew Smith, 53, was working for Profascias Ltd at Park Lane Primary School in Tilehurst, Reading, when he fell approximately 3m off a ladder on 28 July 2021.

The company had been hired to replace guttering and supply fascia boards and soffits at the school.

The ladder Smith had been working from against the school wall slipped, causing him to fall to the ground, fracturing his left femur, left elbow, left arm and pelvis.

He spent 16 days in hospital and later underwent surgery to add a bolt to his hip and a metal plate to his arm.

An avoidable incident

A Health and Safety Executive (HSE) investigation found there had been insufficient planning of the work at height by Profascias Ltd and its director, John Nolan.

Profascias Ltd, of Sandy Lane, Pamber Heath, Tadley, Hampshire, pleaded guilty to breaching Section 4(1) of the Work at Height Regulations 2005. The company was fined £6,000 and ordered to pay £2,000 in costs at Slough Magistrates’ Court on 18 December 2023.

John Nolan, of Sandy Lane, Pamber Heath, Tadley, Hampshire, pleaded guilty to breaching Section 4(1) of the Work at Height Regulations 2005 by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was handed a 12-month community order where he must undertake 180 hours of unpaid work. He was also ordered to pay £1,000 in costs at Slough Magistrates’ Court on 18 December 2023.

HSE inspector Rachael Newman said: “This worker’s injuries were serious. This incident could have been avoided through the selection of suitable work equipment to prevent persons from falling."

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