A roofing contractor has been handed a suspended jail sentence sentenced for failing to take adequate precautions to prevent his workers falling from height and for breaching a prohibition notice.
Llandudno Magistrates’ Court heard how in April 2018 workers were seen working on the roof of a domestic two-storey house in Wrexham with no edge protection. A prohibition notice was issued preventing further work until control measures were put in place, but the contractor chose to ignore it and carried on working.
An investigation by the Health and Safety Executive (HSE), found that Asa Hamilton allowed his workers to be exposed to a continuing risk of falling from the roof, with potential for fatal or major injury.
Asa Hamilton of Linthorpe Road, Buckley, Flintshire pleaded guilty to breaching Regulation 6 (3) of the Work at Height Regulations 2005 for failing to provide precautions to prevent falls from height and Sections 33 (1) (e) and 33 (1) g of the Health and Safety at Work etc Act 1974 for failing to comply with a prohibition notice.
Hamilton was sentenced to 12 months imprisonment, suspended for 12 months, plus 200 hours unpaid work. He was also ordered to pay a contribution of £4,000 towards the costs.
HSE principal inspector Paul Harvey said: “This was a serious incident and it is fortunate nobody was injured as a result of it. There are well known standards in the construction industry for controlling risks from falls from height. Even when the dutyholder was served a prohibition notice to stop the activity they failed to take the appropriate action.
“HSE will not hesitate to take enforcement action against those that disregard enforcement notices when served or fail to take appropriate measures to control well known risks.”
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What is wrong with those people and why are they working in the industry
The HSE seem to think that a suspended sentence fits the bill. They’re in cloud cuckoo land.
The HSE do not pass the sentence, that is for the Court to decide after hearing the evidence from both sides
It is not the HSE that decide the sentence, it is the court. All the HSE can do is bring the case to court for consideration by the court. Bear in mind that there is an automatic 1/3 reduction for a guilty plea, and a defence lawyer will then mitigate any potential sentence down – they are acting in the interests of their client after all
The company should not be allowed to trade should the owner show a total disregard for the safety of his employees.
Part of the review of CDM2015 was to focus on SME’s to ensure everyone is culpable. This shows the review is not having the desired effect.
4k fine and 200hrs community service will not necessarily deter anyone from making a fast buck whilst taking significant risks with the safety of staff.