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Suspended prison sentence for director after worker’s fatal fall

fatal fall
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The sole director of a Wakefield roofing company has received a suspended prison sentence after a subcontractor died after falling 12m through a skylight.

Father of two, Jonathan May, 39, from Horbury, Wakefield, was a subcontractor for Davis Industrial Roofing Limited. On 18 December 2016, he was working with two others on a storm-damaged warehouse roof at F&G Commercials Limited, Carlton Industrial Estate in Barnsley, when he fell.

The work involved the replacement of more than 300 skylights on a fragile asbestos cement roof. A hailstorm had damaged the skylights.

An investigation by the Health & Safety Executive (HSE) found Davis Industrial Roofing had failed to provide an appropriate risk assessment, method statement, and suitable and sufficient fall protection measures for the roof work to be carried out safely.

Poor planning

The investigation found that even though reasonably practicable precautions were available, poor planning had resulted in a risk assessment and method statement that was not suitable and sufficient. The work was poorly supervised and carried out unsafely.

Melvyn Davis, the sole director of the company, drew up the risk assessment and method statement and had regularly visited the site to monitor progress. But he had failed to provide suitable and sufficient fall protection measures and consented to the use of an unsafe system of work. This constituted a personal neglect for safety during the roof work.

Melvyn Davis, of Field Place, Wakefield, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974 and was sentenced to eight weeks imprisonment suspended for 12 months. He was also ordered to do 15 days of rehabilitation activity at Sheffield Magistrates’ Court on 16 November 2022.

Davis Industrial Roofing Limited, of Field Place, Wakefield, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £20,000 and ordered to pay costs of £12,557.

HSE Inspector Chris Gallagher said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Companies and directors 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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Comments

  1. This is so typical of companies bidding for, and getting work.
    Clients want it done cheaply and this sets a precedent for doing on the cheap and not including appropriate costs for the health and safety element of the project.
    Cutting corners puts people at risk.

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