Company Director Fined Following Tragic Fatal Fall Through Fragile Roof

A director of a roofing company has been fined after a worker tragically died following a fall through a fragile roof light in Cumbria. The incident, which occurred in December 2019, underscores the critical importance of robust safety measures when working at height, particularly on aged or fragile roof structures.

Carlisle Magistrates’ Court heard how Mr. Alan Wilson, a director of Alan Wilson Roofing Limited, was personally responsible for managing a project to re-roof farm buildings at a site in Wigton. On 10th December 2019, a 59-year-old employee, Mr. David Penman, was working on a roof when he fell approximately 4.5 metres through a fragile roof light to the concrete floor below. Mr. Penman sustained severe injuries and tragically died in hospital on 26th December 2019.

Investigation Uncovers Multiple Safety Breaches

An investigation by the Health and Safety Executive (HSE) meticulously pieced together the events leading to the fatal incident. The inquiry revealed significant failings in planning, managing, and monitoring the work at height. Specifically, the HSE found that:

  • Lack of Guarding: There were no suitable measures in place to prevent falls through fragile roof lights.
  • Insufficient Edge Protection: Edge protection was absent, exposing workers to the risk of falling from the roof’s perimeter.
  • Absence of Fall Arrest Systems: No safety netting or other fall arrest systems were provided beneath the roof work area.
  • Inadequate Supervision and Training: The investigation highlighted a lack of effective supervision and a failure to ensure workers were adequately trained or informed about the specific risks of working on fragile roofs.
  • Poor Risk Assessment: The risk assessment conducted for the project was found to be inadequate, failing to identify and address the inherent dangers of working on fragile surfaces and at height.

The HSE’s findings painted a clear picture of a systemic failure to prioritise worker safety, leading directly to the preventable death of Mr. Penman.

Legal Proceedings and Sentencing

Mr. Alan Wilson, of South View, Wigton, Cumbria, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. This section holds directors, managers, and secretaries accountable if an offence committed by a corporate body is attributable to their neglect or consent.

During sentencing on 14th March 2024, Carlisle Magistrates’ Court fined Mr. Wilson £1,500. In addition to the fine, he was ordered to pay costs of £4,500. The court acknowledged the tragic consequences of the incident and the director's culpability in the safety failings.

HSE Emphasises Critical Need for Work at Height Safety

Speaking after the hearing, HSE Inspector Matthew Tinsley underscored the severe consequences of neglecting work at height regulations. “Falls from height remain one of the biggest causes of fatalities and serious injuries in the workplace,” he stated. “This tragic incident could have been easily avoided had appropriate measures and safe working practices been implemented.”

Inspector Tinsley reiterated the HSE’s commitment to enforcing safety standards: “Those in control of work have a legal duty to plan, manage and monitor work at height effectively, ensuring that appropriate precautions are taken to prevent falls. The HSE will not hesitate to take appropriate enforcement action against those who fall below the required standards.”

The case serves as a stark reminder to all businesses, particularly those engaged in construction and roofing, of their legal and moral obligations to protect their workforce. Employers must ensure that comprehensive risk assessments are carried out, adequate control measures are implemented, and workers are properly trained and supervised, especially when undertaking high-risk activities such as working on fragile roofs. This includes providing suitable edge protection, safety netting, or other fall prevention/arrest systems, and ensuring that all fragile materials are clearly identified and protected.

For businesses looking to enhance their health and safety compliance and ensure their staff are adequately trained for working at height and other hazardous tasks, Abertay Training offers a comprehensive range of accredited courses and consultancy services. More information can be found at https://www.abertaytraining.co.uk.