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Roof fall left worker permanently brain-damaged

09 September 2012

A contractor has been left in a vegetative state after falling from an unprotected roof at a house in Durham.

Darlington Magistrates’ Court heard James Wilson, trading as J Wilson Home Improvements, had been contracted to carry out roof repairs at a house in Wheeldale Close, Darlington.

Wilson sub-contracted Mark Lambton to replace roof tiles, point ridge tiles, and fit a dry-verge system to the gable end of the house. On 2 July 2011, Mr Lambton was working on the roof with Wilson and a third man without any edge protection in place.

Mr Lambton was attempting to step off the roof on to a set of ladders, which were positioned at the gable end of the property, when he fell more than six metres and landed on a path. He suffered serious head injuries and was placed in a drug-induced coma for more than two months. He remains in a vegetative state with no likelihood of improvement.

HSE inspector Emma Scott told SHP there should have been edge protection around the gable end and eaves level of the property. She explained that one way of achieving this would have been to erect a scaffold around the building.

“Allowing such work to be carried out without any safety measures is totally unacceptable,” said inspector Scott. “This incident could have been easily avoided if appropriate edge protection and safe access had been put in place to prevent falls. Instead, Mr Lambton has suffered life-changing injuries that have left him in a vegetative state with no likelihood of improvement or recovery.”

Wilson appeared in court on 5 September and pleaded guilty to breaching reg.4(1)(c) of the Work at Height Regulations 2005. He was fined £12,000 and ordered to pay £3000 in costs.

In mitigation, he said he had no previous safety convictions and informed the court the company was no longer trading. He cooperated with the investigation and expressed his remorse for the incident. He also asked for his limited financial means to be considered when levying a financial penalty.

Unfortunately this is an indemic problem in the domestic work environment and the production of new HSG for WAH will have little effect upon such companies, I.E. those at considerable risk. This sector needs wholesale review if we really want to prevent fatalities and serious injury. How much cost is incured by the state? Many of these sole traders have poor insurance if any. We need to raise th bar in regard to proving competence to undertake roofing work. HSG fails too alone?

Why a breach of regulation and not Act? Is any other punishment levied against the defendant eg. not permitted to hold a director level position in any other company. the fine seems pathetic compared to the level of ongoing suffering that has to be endured by the IP and his family and friends.

Why did Mr Lambton go up the ladder in the first place? You'd expect a roofer to have an awareness and competency with regard to WAH. I don't attempt to excuse J Wilson's lack of action, but Mr Lambton (via a litigation friend) has to be looking at reduction in his civil claim through contributory negligence.

'Mr Lambton (via a litigation friend) has to be looking at reduction in his civil claim through contributory negligence.' Andrew – Mr Lambton will be very lucky to live any decent length of time given his injury! Many employees do things which are unsafe for various reasons yet condoned by their employer. Some employers will dismiss a person if they do not get on with the job - that's how it is. The duty remains on the employer to provide a safe system of work - end of.

Every employee that complies with an unsafe practice is contributing to the unsafe company remaining in business and continuing to pose a risk. I said I don't excuse J Wilson's lack of action. And the point of HASWA s7 is what? Perhaps it should be placed on the 'bonfire of red tape' as well...

Mr Lambton was a sub contractor, he therefore chose to undertake this task unsafely, he was not liable to loose his job as he worked for himself? Perception of risk was overcome by poor cost benefit analysis. The sooner we have a recognisable level of competence for roof work the better it will be for all. Perception of risk was non existant by both, regrettably. And the use of proposed edge protection would not have removed the need to access a ladder in excess of 6m high would it?

Point accepted Bob, obviously I did not read the article properly and thought Mr Lampton was an employee. Clearly he was responsible for ensuring his own safety and others.

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