In a chance sighting, an HSE inspector spotted three roofers working on top of a Nottingham cash and carry store without any safety equipment, or precautions.
Inspector Frances Bailey had been driving past the premises in the Lenton area of Nottingham, on 20 May 2009, when she noticed the workers were not using any equipment, edge protection, or harnesses to prevent falls from or through the roof, Nottingham magistrates heard on 3 November.
Inspector Bailey, who investigated the case and prosecuted it in court, recounted to SHP that she had been en route to another site, but stopped the car because of the immediate risk to the men. She called them down and issued a Prohibition Notice (PN) to stop work straight away. The men had been replacing 220 fragile roof-lights on the store’s asbestos cement roof.
The PN specified that the contractor had to provide: better access to the roof than the loosely-tied ladder the men had been using, such as a tower scaffold; a barrier walkway across the roof, with proper boards and handrails; and points, on to which safety harnesses could be anchored.
After investigation, it was discovered that this unsafe system of work, without protective equipment and proper supervision, had continued over a period of three weeks, risking injury not only to the roofers but also to employees and customers inside the store itself.
Inspector Bailey said the system of work was so bad that it led not only to a PN being served but immediate prosecution because of the high risk of serious injury, or death. “Roofing is one of the most dangerous activities in construction. On average, one person a month dies falling through a fragile roof, or roof-light,” she stated.
Roofing contractor SPV Road Carpet Ltd pleaded guilty to breaching s2(1) and s3(1) of the HSWA 1974 by failing to protect its own employees and members of the public in the cash and carry at the time of the incident.
In mitigation, the company said it was a large company with a good reputation, employing qualified and competent staff. Since the incident it had trained a large number of its employees and engaged the services of a health and safety consultant.
One of the three men, Lewis Male, an employee of SPV, pleaded guilty to breaching s7 of the same Act, by failing to take reasonable care of himself and others. He had not followed the method statement provided by his employer.
SPV Road Carpet was fined a total of £14,000 (£7000 on each charge) and ordered to pay £6659 in full costs. Male, from Sheffield, was fined £480 and ordered to pay a contribution to costs of £650.
