Three companies have been prosecuted after a worker fell through a fragile roof during maintenance work in Essex.

Ernest Doe & sons Ltd, of Ulting, Essex, pleaded guilty to breaching Regulation 22 of the Construction (Design and Management) Regulations 2007. It was fined £360,000 with £10,000 in costs.

In addition, Balsham (Buildings) Ltd, of Balsham, Cambridge and Strong Clad Ltd, of Castle Hedingham, Essex, both pleaded guilty to breaching 4(1)(a) and 4(1)(c) of the Work at Height Regulation 2005. Balsham was fined £45,000 with £7,000 in costs, while Strong Clad was fined £7,000 with £3,000 in costs.

Chelmsford Crown Court heard how the victim, Rafal Myslim, was helping to replace a fragile roof at agricultural machinery supplier, Dengie Crops Ltd in Asheldem.

However, while standing on the roof, the asbestos sheeting gave way and he fell 7.5 metres onto a concrete floor, hitting a number of pipes in the building on the way down. His injuries included a hematoma on the brain.


A Health and Safety Executive (HSE) investigation found the three companies at fault for the incident.

Ernest Doe & Sons had been contracted by Dengie Crops to help replace the roof. However, the company did not have the appropriate experience and subcontracted the work to Balsham who worked out how the roof replacement should take place. Balsham then subcontracted the actual replacement of the roof to Strong Clad.

HSE found Ernest Doe & Sons were unable to act effectively in their role as principal contractor because they had no experience of working in construction. The company could not effectively oversee Balsham's plans that had highlighted the risk of a fall.

In addition, None of the parties involved put in place safety measures for 40% of the roof that did not have netting below. They relied too heavily on the verbal briefings to workers reminding them of where the netting was rather than putting in place effective safety measures for the whole roof.

HSE inspector Adam Hills said: "The dangers of working on fragile roofs are well documented. Every year too many people are killed or seriously injured due to falls from height while carrying out this work.

"Work at height requires adequate planning, organisation and communication between all parties. This incident was entirely preventable and Mr Myslim is lucky to be alive."

(LM/MH)