Director Fined After Worker’s Fatal Fall in Unsafe Warehouse

Director Fined After Worker’s Fatal Fall in Unsafe Warehouse

A company director has been fined and a company ordered to pay costs after a worker suffered fatal injuries when falling through a fragile roof light. The incident, which occurred in March 2021, highlights the critical importance of robust health and safety procedures, especially when working at height.

The tragic event unfolded at a warehouse on Union Road, Bolton, Greater Manchester, where 50-year-old Mark Cooper was undertaking roof repairs. Mr. Cooper, an employee of MA Cooper & Sons Ltd, fell approximately 7.5 metres through a fragile roof light to the concrete floor below. He sustained severe head injuries and sadly died three days later.

Investigation Uncovers Systemic Safety Failings

An investigation by the Health and Safety Executive (HSE) revealed significant failings in the management of the work. The site was owned by JMD Trading Ltd, whose sole director was Mr. Mahmed Saleh. The HSE's findings indicated a complete absence of a safe system of work for the roofing project.

Key deficiencies identified during the investigation included:

• No adequate assessment of the risks associated with working on a fragile roof.
• A lack of appropriate equipment to prevent falls through fragile surfaces or from the edge of the roof.
• No effective supervision to ensure the work was carried out safely.
• Insufficient planning for the work, failing to consider the inherent dangers of the roof structure.

The HSE emphasised that the risks associated with fragile roofs are well-known within the construction and maintenance industries. Guidance on safe working practices, including the use of fall protection equipment such as safety nets, guardrails, and staging, is widely available and mandated by regulations such as the Work at Height Regulations 2005.

Legal Proceedings and Sentencing

Following the extensive investigation, legal proceedings were initiated. Mahmed Saleh, the director of JMD Trading Ltd, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. This section places a duty on employers and those in control of premises to ensure, so far as is reasonably practicable, that persons not in their employment who may be affected by their undertaking are not exposed to risks to their health or safety.

At a hearing held at Manchester Magistrates’ Court on 13th May 2024, Mr. Saleh was fined £2,000. JMD Trading Ltd was also ordered to pay costs of £1,500. The court's decision underscores the personal responsibility directors hold for ensuring the safety of all individuals on their premises, including contractors.

HSE Inspector Rebecca Hamer commented on the case: “This was a tragic and wholly avoidable incident, caused by the failure of those in control of the work to implement a safe system of work. Those undertaking work at height on fragile roofs should be provided with suitable equipment to prevent falls. This incident could so easily have been avoided by simply carrying out correct control measures and procedures.”

The Broader Impact of Workplace Falls

Falls from height remain one of the biggest causes of workplace fatalities and major injuries in the UK. According to HSE statistics for 2022/23, 40 workers died as a result of a fall from height. This figure highlights the persistent danger and the critical need for employers and duty holders to adhere strictly to health and safety regulations, particularly those concerning work at height.

The economic and social costs of such incidents are immense, encompassing not only the direct costs of fines and legal fees but also the invaluable human cost of lost lives and the devastating impact on families and communities. This case serves as a stark reminder that proactive risk management and investment in safety measures are not merely regulatory burdens but essential components of responsible business practice.

Employers and those in control of work sites must ensure that robust risk assessments are conducted for all tasks, especially those involving work at height. Furthermore, adequate training, supervision, and the provision of appropriate safety equipment are non-negotiable requirements to prevent similar tragedies. The HSE continues to provide extensive guidance and resources to assist businesses in complying with their legal obligations and fostering a culture of safety.

Ensuring staff are adequately trained in working at height and other critical safety procedures is paramount. Abertay Training offers comprehensive health and safety courses designed to meet regulatory requirements and enhance workplace safety. For more information on their accredited training programmes, visit https://www.abertaytraining.co.uk.