Colin Marshall, of St Austell, founder of Colin Marshall Scaffolding, pleaded guilty to Section 2(1) of the Health and Safety at Work etc. Act 1974 and was given a four-month prison sentence suspended for two-years.
James Marshall, also of St Austell, Colin's son and business partner, was handed an eight-month sentence suspended for two-years. The pair were also ordered to pay £25,661 in costs.
Truro Crown Court heard how Roger Stoddern, 47, was dismantling scaffolding from a flat roof of a property in St Mawes on 24 June 2013. However, while carrying out this work, he fell seven metres to the ground below.
-- Advertisement --
He was taken to Derriford Hospital but died three weeks later due to the severity of his injuries.
Truro Crown Court heard how Mr Stoddern was stacking three metre roofing sheets on the flat roof of the property without any edge protection. The safety railing had been removed to allow access to the flat roof so the sheets could be stacked. The court was told one of the defendants replaced the safety rail following the incident to cover up the cause of the incident.
An investigation by the Health and Safety Executive (HSE) alongside police found that the company Colin Marshall Scaffolding was not qualified to erect the scaffolding and there was evidence no personal protective equipment, such as harnesses, was used. The scaffolds condition also failed to meet current safety standards.
A HSE inspector said: "Construction is one of the most dangerous industries in Great Britain and businesses have to take the safety of their workers seriously.
"Colin Marshall and James Marshall are responsible for the death of Roger Stoddern. It was entirely preventable and should not have happened. The risks of working at height are known.
"Scaffolders must ensure they use the right protective equipment and have sufficient edge protection in place to prevent workers falling."
(LM/CD)
