A sole trader has appeared in court for failing to report an incident to the HSE after a contractor fell through a fragile rooflight at a farm in Wales.
Anthony William John Daniel, trading as Towy Valley Fabrications, had been contracted to construct a new pitched roof between two agricultural buildings at Plasbach Farm, near Llandeilo.
Daniel Elliot was sub-contracted by Towy Valley Fabrications to assist with the work, which involved the demolition of a small roof before new steel frames could be installed between the two buildings to form the pitched roof.
On 15 April 2011, Mr Daniel went off site and left Mr Elliot to continue working alone until he returned. Mr Elliott was standing on the roof of one of the buildings, pulling up an electrical extension cable so he could use a drill to make holes in timber, which was being used to form part of the new roof.
Aware that there was no edge protection where he was stood, he stepped away from the edge once he had pulled up the cable. But when he moved backwards, he stepped on a fragile PVC rooflight and fell 5.5 metres to the ground. He suffered two broken bones in his spine and a fractured pelvis. He has been unable to return to work owing to his injuries and is now pursuing an alternative career.
Mr Daniel failed to report the incident to the HSE and the Executive was only made aware when Mr Elliot’s mother made contact. An investigation was subsequently launched, which found that Mr Daniel had failed to plan and supervise work-at-height activities, or ensure that suitable safety measures were put in place to prevent falls off the side of the buildings, or through the rooflights.
Anthony Daniel appeared at Ammanford Magistrates’ Court on 14 November and pleaded guilty to breaching reg.3(1) of RIDDOR 1995, and s2(1) of the HSWA 1974. He was fined a total of £6500 and ordered to pay £2651 in costs.
In mitigation, he said he failed to report the incident because he believed it was Mr Elliot’s responsibility to do so, as he was self-employed. He accepted that this was a mistake and entered an early guilty plea to both charges. He explained that there were no suitable safety measures in place on the roof, as he had told Mr Elliot not to access the roof while he was off site, and that he should place the extension cable in a telehandler.
Speaking after the hearing, HSE inspector Phil Nicolle said: “Anthony Daniel undertook the erection of a steel-framed agricultural building with little understanding of the need for the safety measures that routinely apply to such construction work. He employed an inexperienced worker and exposed him, over the course of several days, to risks of a fall from height, ultimately resulting in the fall, which caused serious injury. Mr Daniel then failed to notify HSE of the incident.
“There is no room for complacency when undertaking work at height in the construction industry. The risks are well known. Employers must ensure the work at height is planned, managed and supervised by competent people and, where they are undertaking any of those roles themselves, that they are competent to do so.”
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