Company Director Fined Following Worker’s Fatal Fall Through Fragile Roof

A company director has been fined after a worker tragically died following a fall through a fragile roof in Cumbria. The incident, which occurred on 28th April 2021, led to a comprehensive investigation by the Health and Safety Executive (HSE), underscoring the critical importance of robust safety measures when working at height.

Preston Magistrates’ Court heard that James Irvine, a 48-year-old father of two, was working on the roof of a barn at Low House Farm in Maulds Meaburn, Penrith, when he fell approximately seven metres through a skylight. Mr. Irvine sustained catastrophic injuries and sadly died in hospital later that day. The incident highlights the severe and often fatal consequences of inadequate planning and supervision for work on fragile roofs.

Investigation Uncovers Significant Safety Lapses

The HSE’s investigation revealed that the director of the company, Mr. Andrew Wood, had failed to adequately plan and supervise the work at height. Specifically, the investigation found that:

  • No measures were in place to prevent falls through the fragile roof or from the open edges of the roof.
  • The work was not adequately supervised, meaning critical safety procedures were not enforced or even considered.
  • Mr. Wood, as a director, failed to ensure that a suitable risk assessment was carried out for the work, which would have identified the inherent dangers of working on a fragile roof.
  • There was a complete absence of a safe system of work, leaving workers exposed to significant risks.

These failings are in direct contravention of Regulation 4(1) of the Work at Height Regulations 2005, which mandates that 'Every employer shall ensure that work at height is (a) properly planned; (b) appropriately supervised; and (c) carried out in a manner which is so far as is reasonably practicable safe.' The lack of compliance with these fundamental regulations ultimately led to a preventable fatality.

Court Ruling and Director's Liability

Mr. Andrew Wood, director of A Wood Builders Ltd, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. This section states that 'Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.'

On 11th June 2024, Preston Magistrates’ Court sentenced Mr. Wood to a 12-month community order, requiring him to complete 100 hours of unpaid work. He was also ordered to pay costs of £2,000. While no financial penalty was imposed on the company itself, the personal conviction and community service for the director underscore the individual responsibility that company officers bear for health and safety compliance.

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HSE Inspector's Statement and Industry Implications

Speaking after the hearing, HSE Inspector Matthew Tinsley emphasised the preventable nature of the tragedy. “This tragic incident could have been avoided if Mr. Wood had properly planned the work and ensured appropriate safety measures were in place,” he stated. “Working on fragile roofs is a high-risk activity that requires careful planning, appropriate equipment, and competent supervision. Those in control of such work have a legal duty to ensure the safety of their workers.”

This case serves as a stark reminder to all businesses, particularly those in construction and agriculture, of the critical importance of assessing and mitigating risks associated with working at height. The HSE consistently highlights falls from height as one of the leading causes of workplace fatalities and major injuries in the UK. In 2022/23, 40 people died as a result of falls from height, representing 30% of all fatal workplace injuries.

Businesses must ensure that:

  • All work at height is properly planned, supervised, and carried out by competent individuals.
  • Risk assessments are thorough and regularly reviewed.
  • Appropriate fall prevention and protection measures are in place, such as safety nets, guardrails, or fall arrest systems.
  • Workers receive adequate training and instruction on safe working practices for their specific tasks.

The HSE provides extensive guidance and resources on working at height, including specific advice for fragile roofs. Employers and directors are urged to familiarise themselves with these guidelines to prevent similar tragedies. Compliance with health and safety legislation is not merely a legal obligation; it is a moral imperative to protect human life.

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