Director Fined After Worker’s Fatal Roof Fall in Leicester

Director Fined After Worker’s Fatal Roof Fall in Leicester

A company director has been fined following the tragic death of a worker who fell through a fragile roof during refurbishment work in Leicester. The incident, which occurred on 26 March 2020, underscores the critical importance of robust safety measures when working at height, particularly on fragile surfaces.

The Incident and Investigation

Leicester Crown Court heard that Mr. Wayne Smith, a 46-year-old worker, was undertaking refurbishment work on the roof of a property on Cobden Street, Leicester. Mr. Smith fell through a fragile rooflight, sustaining fatal injuries. The subsequent investigation by the Health and Safety Executive (HSE) revealed significant failings in planning, managing, and monitoring the work.

The investigation found that the director, Mr. Andrew Whetton, trading as AW Roofing, failed to ensure that the work was properly planned, appropriately supervised, and carried out safely. Specifically, there was a lack of suitable measures to prevent falls through fragile rooflights. This included an absence of safety nets, guard rails, or covers for the fragile areas, which are standard safety precautions for such work.

Legal Proceedings and Sentencing

Mr. Andrew Whetton pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. On 28 May 2024, Leicester Crown Court sentenced him to a six-month custodial sentence, suspended for 12 months. He was also ordered to pay a fine of £2,500 and costs of £1,500.

Speaking after the hearing, HSE Inspector Jennifer Betts commented: “This tragic incident could have been avoided if the work had been properly planned, managed, and monitored. Working on fragile roofs is inherently dangerous, and duty holders must ensure that all necessary precautions are in place to prevent falls. The risks associated with fragile roofs are well-known within the construction industry, and there is ample guidance available.”

Related training: If you are looking to qualify as a trainer in this area, see health and safety trainer qualifications or explore confined space trainer courses for nationally recognised UK and Ireland qualifications.

The HSE emphasises that falls from height remain one of the biggest causes of workplace fatalities and major injuries in the UK. In 2022/23, 40 people died as a result of a fall from height, accounting for 25% of all fatal workplace accidents.

Lessons for Industry Professionals

This case serves as a stark reminder to all employers and directors of their legal and moral responsibilities to protect their workers. When undertaking work at height, particularly on or near fragile surfaces, the following measures are paramount:

• Thorough Risk Assessment: A comprehensive risk assessment must be conducted before any work commences, identifying all potential hazards, including fragile surfaces.
• Effective Planning: Develop a detailed plan of work that outlines safe systems of work, appropriate equipment, and emergency procedures.
• Competent Supervision: Ensure that all work is adequately supervised by individuals who are competent and knowledgeable in working at height.
• Fall Prevention Measures: Implement suitable fall prevention measures such as safety nets, guard rails, crawl boards, or covers for fragile rooflights.
• Training: Provide adequate training to all workers involved in working at height, ensuring they understand the risks and control measures.
• Equipment Maintenance: Ensure all equipment used for working at height is regularly inspected and maintained in good working order.

The HSE’s guidance on working at height, including specific advice on fragile roofs, is readily available and should be consulted by all duty holders. Compliance with these guidelines is not merely a legal obligation but a fundamental commitment to worker safety.

This tragic incident highlights the devastating consequences of failing to adhere to established health and safety protocols. Businesses operating in construction and related industries must prioritise robust safety management systems to prevent similar incidents. For those seeking to enhance their understanding and implementation of health and safety practices, Abertay Training offers a comprehensive range of courses designed to meet industry standards and regulatory requirements. More information can be found at https://www.abertaytraining.co.uk.