Worker’s fall lands Cardiff construction company in court

A 59 year old male, fell approximately 8ft from a single storey roof to the ground when a beam he was standing on gave way. He spent several days in hospital, was reliant on crutches for five months and has been unable to return to construction work since.

The incident was investigated by the Health and Safety Executive (HSE), which today (11 November) prosecuted his employer, RHP Merchants and Construction Ltd, for failing to provide sufficient measures to prevent or mitigate a fall.

HSE’s investigation established that neither Mr Milne nor his co-worker had any training for the demolition work, and that Mr Milne was also untrained for working at height.

Inspectors found that RHP had not carried out any risk assessment for the work and no safety equipment had been provided for working on the roof.

Andy Cave of Hunt and Coombs Solicitors comments ‘A risk assessment of any construction work is essential to ensure not only workers are protected, but also companies, if an accident should happen.’

Regulation 6(3) of the Work at Height Regulations 2005 state: “Where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.”

Also relevant, Regulation 22(1)(a) of the Construction (Design and Management) Regulations 2007 states: “The principal contractor for a project shall (a) plan, manage and monitor the construction phase in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health or safety, including facilitating (i) co-operation and co-ordination between persons concerned in the project (ii) the application of the general principles of prevention.”

Hunt and Coombs Health and Safety Team can assist in dealing with HSE investigations and defending such claims if they arise. With the added benefit of an experienced personal injury team who specialise in defending claims, there is a wealth of knowledge to help a company through a difficult time.

For more information or help on this issue, or to discuss any other concerns, please contact Andy Cave on:

T: 01733 882800

Article by Andy Cave

Our Crime Team act for clients on a wide variety of matters, including:

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This article has been prepared for general interest and information purposes only; it does not constitute legal advice and should not be relied on as such. While all possible care has been taken in the preparation of this article, no responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by the firm or the authors.