Leigh Bakewell, contractor, pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc. Act 1974. He was sentenced to six months imprisonment (suspended for 12 months) with over £8,610 in costs.
Roman Lodge Asset Management Ltd, of Dane Mill, Broadhurst Lane, Congleton, pleaded guilty to breaching Regulation 4(1) and Regulation 5 of the Work at Height Regulations 2005. It was fined £20,000 with £8,010 in costs.
The company's director, Jonathan Marshall, pleaded guilty to breaching two counts of Section 37 of the Health and Safety at Work etc. Act 1974. He was sentenced to four months imprisonment on each count (suspended for 12 months) with £8,010 in costs.
Warrington Crown Court heard how Terry Lewis, a 65-year old retired mechanic, was working with his friend Mr Bakewell to clean roof lights on a building at Radnor Park Industrial Estate, Congleton on 11 June 2013.
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However, during the work Mr Lewis fell seven metres through a roof light to the work-shop floor underneath and was fatally injured.
An investigation by the Health and Safety Executive (HSE) found that Mr Bakewell, who was primarily a gardener and not a roofer, did not take precautions to prevent a fall through the roof, nor off its edge. In addition, he did not have the necessary knowledge or competence to carry out the work, while both the roof and roof lights were not able to support the weight of a person.
Roman Lodge Asset Management also failed to have adequate systems in place to ensure a competent roofer was appointed for the task. Both the company and its director, Jonathan Marshall, failed to adequately plan and supervise the work, due to their own lack of understanding of standards and the law relating to work on fragile roofs.
HSE inspector Warren Pennington said: "This is an incredibly sad case all round. Each defendant knew that the roof was fragile and each accepted unsafe working practices. Terry Lewis was only on the roof in order to help out his best friend. If Roman Lodge and Jonathan Marshall had asked questions about Leigh Bakewell's experience and knowledge (of roof work standards), they would not have employed him."
He added: "Leigh Bakewell should have recognised he was not competent and should not have carried out the work. With these simple considerations, Mr Lewis would not have been on the roof and would not have died in the way he did."
(LM/MH)
