The incident took place on 26 April 2007 at a construction site at Glasgow Academy, Colebrook Street, Glasgow.
James Kelly, a labourer employed by Stirling Stone, was working on the third level of a loading tower of an independent access scaffolding, when he fell to the ground and sustained injuries from which he died.
The prosecution was brought by the Crown Office & Procurator Fiscal Service (COPFS) Health and Safety Division. Since COPFS was set up two years ago it has resolved more than 40 cases without the need for trial by securing early guilty pleas from the accused. This was its first case that had to go to court. The trial at Glasgow Sheriff Court lasted for three weeks.
Robertson Construction Ltd was convicted of a breach of Sections 3(1) and 33(1) and Stirling Stone Ltd of Section 2(1) and 33(1) of the Health and Safety at Work etc Act 1974. Sheriff Cathcart deferred sentence until 7 April.
After the trial, Elaine Taylor, head of the COPFS Health and Safety Division, said: "On 26 April 2007 James Kelly went to work and as a result of failings by his employer and the principal contractor on site, he never returned home. He left a family devastated by their loss.
“The incident that led to Mr Kelly's death was entirely avoidable had the two accused met their statutory health and safety obligations.
“Our Health and Safety Division is fully committed to prosecute those in breach of health and safety legislation where it is in the public interest to do so. By building on our existing expertise and through enhanced working relationships with the Health and Safety Executive and other enforcing authorities, the Division is able to deal with the complex issues that can arise in cases such as this. Our thoughts today are with the family of James Kelly."
HSE principal inspector Iain Brodie said: "Companies working at height should ensure scaffolding is correctly erected, safe to use and properly checked and maintained.
"Where building materials are to be transferred into loading towers on scaffolding there should be a realistic safe system of work for workers to follow. They should be given information, instruction, training, and be adequately supervised.
"If these companies had taken these steps, then James Kelly might be alive today.”
The Scottish system
In Scotland the Crown Office and Procurator Fiscal Service has sole responsibility for the raising of criminal proceedings for breaches of health and safety legislation. Its' Health and Safety Division has 10 specialist prosecutors in a team of 18 based at three units in Aberdeen, Edinburgh and Glasgow. The Division was officially launched by the Solicitor General in July 2009.
The Division deals with all health and safety prosecutions and also those cases requiring specialist health and safety input on inquiry issues. More straightforward Fatal Accident Inquiries may be dealt with by local Procurator Fiscal Offices, with support from the Division as required. In addition to cases transferred from Area Offices, over 100 new cases have been reported since the Division was established.
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