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May 14, 2014

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Farming family prosecuted after worker dies in front of his sons

A farming family in south west Wales has been sentenced for safety failings after a roof worker plunged 15 feet to his death, in what the HSE called an entirely preventable tragedy. Whilst one of the roofs had a fragile roof warning sign, advising the use of crawler boards, it is thought that the deceased had limited reading skills and may have failed to understand it. 
Ronald Clarke, 59, of Whitland, fell through the fragile roof of a cowshed while working at Rhyd Sais Farm, Talgarreg, near Llandysul, on 23 July 2010, hitting the concrete floor below. He died in hospital a short time later as a result of the injuries he sustained.
The fatal incident was investigated by the HSE, which prosecuted farm owners John Evans, his wife Glenys and his mother Margaret Evans for failing to ensure work on their property was safely managed.
Swansea Crown Court, on 12 May, heard that Mr Clarke was working with his sons Bobby Joe and Acer on cowsheds at the farm, all of which had fibre cement roofs. At one point behind the sheds, Mr Clarke and his sons found they could step from a slope directly onto the roof. They used this as access and continued their cleaning work for several days.
The court was told that on the day of the incident, all three were standing on the unsupported fibre cement sheet roof using a pressure washer and trowels to remove moss when the section beneath Ronald Clarke gave way.
HSE’s investigation found no evidence of adequate planning for the work, and that Mr Clarke, who was registered sick and not in full time employment, did not produce any evidence of training, qualifications or expertise in roof work.  As owners of the farm, the Evans family had a legal duty to ensure the competence of those undertaking this work, but failed to do so.
John Evans, on behalf of a partnership consisting of John, Glenys and Margaret Evans, of Rhyd Sais Farm, Talgarreg, pleaded guilty to breaching section 3(2) of the Health and Safety at Work Act 1974. They were fined a total of £20,000 and ordered to pay £15,000 in costs.
Speaking after the hearing, HSE Inspector Stephen Jones, said: “This tragic incident was entirely preventable. A safe system of work would have included either working from a mobile elevated platform, placing suitable covering on the roof to spread the load or fitting safety nets underneath.
“This kind of accident is all too common, particularly on farms, and work at height must always be properly planned. Contractors must implement the plan and those in control of the contractors much check it is being implemented properly.”
“Any business or worker commissioning or undertaking roof work has legal responsibilities to ensure it is carried out safely.  Those responsibilities cannot be delegated to someone else, and building owners have to understand that the onus is on them.”

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