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Contractor and client both fined after roofer’s fatal fall

25 Jan 22 The courts have decided that when a roofer was killed in a fall, the blame lay with both his employer and the company that owned the building on which he was working.

Roofer Marius Andrus was fatally injured on 22nd May 2017 when he fell six metres through a roof while working on a replacement roof project in the Kirkdale area of Liverpool.

Liverpool Crown Court heard that while he was completing snagging work on the new roof, he crossed a part of the old roof that was made from fragile asbestos cement sheets. The asbestos sheets gave way and he fell to the ground below.

An investigation by the Health & Safety Executive (HSE) found that the area accessed did not have safety nets fitted and that the employer had failed to take reasonably practicable measures to reduce the risk to those working on the roof.

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AJM Services (Midlands) Ltd of Llanfihangel, Llanfyllin, Powys pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. It was fined £51,000 and ordered to pay costs of £5,000.

The owner of the building, Pearsons Glass of Maddrell Street, Liverpool, had pleaded guilty to breaching the Health and Safety at Work etc. Act 1974, section 3, at an earlier hearing. It was sentenced at Liverpool Crown Court in February 2021, fined £80,000 and ordered to pay costs of £6,656.

Speaking after this week’s hearing, HSE inspector Andy McGrory said: “This was a tragic incident, which resulted in a needless loss of life and could have easily been avoided by properly planning the work and ensuring appropriate safeguards were in place. Those in control of work at height have a responsibility to devise safe methods of working, which should include providing clear and comprehensive information for their workers and ensuring that they are adequately supervised.”

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