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Bolton Company fined after worker falls to death
Manchester Crown Court heard that in December 2007 Ian Smith, 64, was working on a contract to build six new semi-detached houses in Dale Gardens, on Easedale Road in Bolton, when he fell five metres to the ground.
During its investigation, the Health & Safety Executive (HSE) discovered that DC Kennedy Homes had permitted work to be carried out on the first and second floors of the house, before the stairs had been fitted. The ladder, which was used to reach the second floor, had not been secured and was missing its rubber feet.
The company pleaded guilty to breaching the Health and Safety at Work etc Act 1974 by failing to ensure Mr Smith's safety. In addition to the fine, the company was ordered to pay an additional £7,500 towards legal costs.
Polly Tomlinson, HSE Principal Inspector for Greater Manchester, said, "This was a tragic incident that could easily have been prevented if DC Kennedy Homes had put more thought into the safety of its employees. The ladder Ian Smith used was dangerous as the rubber feet were missing and it wasn't tied to the wall to stop it slipping".
She went on to say, "But more importantly, Mr Smith should never have been expected to use a ladder in the first place. If the work had been planned properly, the stairs would have been fitted before work was carried out on the first and second floors of the house. Instead Mr Smith had to use a ladder to access the second floor, putting his life at risk. Other employees were also put in danger by the unprotected open edges".
Ms Tomlinson added, "I hope this case will act as a warning to other house building companies to improve their safety standards, to prevent more people dying at work in the future".
Filed by Jessica Man © 2010 - Legal Advice Helpline
Published 04/02/2010
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