Fatality From Fall 133,000 in Fines
Arnold Clark Automobiles Ltd, a Used car Dealership, and Patrick Mackay, a Maintenance Contractor, have been fined following the death of a worker in a fall.
Significant Points of the Case
Joseph McEvoy was employed by Mackay who had been contracted by Arnold Clark Automobiles Ltd to carry out maintenance work at Arnold Clark Automobiles Ltd’s site in Liverpool in July 2003;
The work included cleaning a workshop roof which was fitted with Perspex skylights. Mackay and McEvoy were standing on crawling boards laid across the roof, sweeping away rubbish. McEvoy stepped on a panel in a row of skylights. He fell 20 feet into a workshop below and suffered fatal multiple injuries. Two of Arnold Clark Automobiles Ltd’s employees who were working below the skylight narrowly escaped injury;
Mackay had failed to ensure that the roof work was carried out in a safe manner. The crawling boards were only 18 inches wide. This left no margin for error if one of the men overbalanced. A wider platform could have been used, e.g. by laying three boards side by side; and
although Arnold Clark Automobiles Ltd had a ‘permit to work’ system in place to ensure that contractors worked safely, the system had not been followed. Arnold Clark Automobiles Ltd had failed to ask Mackay to provide a risk assessment and method statement on how he planned to carry out the work.
Points in Mitigation
Mackay, who pleaded guilty at the earliest opportunity, had no means to pay a large fine; and
Arnold Clark Automobiles Ltd, which also pleaded guilty, has since trained managers to ensure that they are aware of the procedures for checking that contractors are working safely.
Fines
The following fines were imposed.
Arnold Clark Automobiles Ltd was fined £130,000 for breaches of ss.2 and 3 of the HSWA, for failing to ensure the health and safety of employees and non-employees, plus £38,500 costs; and
Mackay was fined £3,000 for the same offences.
Liverpool Crown Court, May 2005
Comment
The investigating HSE Inspector commented after the case that all businesses, large and small, which carry out roof work, must ensure that all the right precautions are in place, no matter how small the job. As could be seen from this case and the circumstances surrounding it, the consequences of not having all the right precautions in place can be disastrous. Also, any company which engages a contractor to carry out work must ensure that the contractor is competent and will act safely.
PENINSULA COMMENT
Working at height, and falls from height, have been a main focus of HSE concern for many years.
The main concern is that the vast majority of incidents could have been easily avoided and prevented by the introduction of simple management controls and safe systems of work.
The hazards that occur as a result of working at height are well documented and the control measures that need to be put into place are equally well publicised by the Enforcing Authorities and Industry Associations. The failure of employers to properly assess the work that is being carried out at height and to introduce and implement the appropriate control measures can only be described as criminal negligence.
Peninsula have been leaders in highlighting the risks involved and the need to manage working at height properly. Our documentation provides guidance on the steps that have to taken, control measures that need to be put into place, safe systems of work that need to introduced, training that must be provided and management controls that are needed to ensure that people who are working at height are not exposed to unnecessary risks to their health, safety and welfare.