Sub-contractor disputed control

Sub-contractor disputed level of control over roof plunge

Two brothers have been fined after a casual labourer suffered a crushed skull and multiple injuries in a fall from an industrial roof.

Alan Hind, from Corrie Common near Lockerbie, plunged six metres on to a concrete floor and sustained 16 skull fractures. Parts of his brain were so badly damaged they had to be removed. He also broke his jaw in three places, fractured his wrist, damaged a kidney and is now deaf in his right ear and blind in his left eye.

Carlisle Crown Court heard that the 28-year-old labourer was helping to demolish an industrial building in Carlisle, along with a group of Polish workers. HSE construction inspector David Charnock told SHP that the men were working four days a week at a local abattoir, and had been recruited by Robert Murray to work in their spare time at a storage yard where several buildings were being demolished.

Mr Murray had sub-contracted his brother Eric to dismantle one of the buildings. On 27 February 2008, the day of the incident, Mr Hind and his Polish colleagues were working under the direct supervision of Eric Murray.

However, Eric Murray argued that he had no responsibility for the men’s safety under the Work at Height Regulations 2005, and the case went to trial. In court, the jury ruled that he was in breach of his duty of care and found him, trading as E J Murray (Steel Structures), guilty of contravening reg.6(3) of the WAHR by failing to take measures to prevent workers from falling and being injured.

According to inspector Charnock, the judge also criticised Eric Murray for attempting to shirk his responsibilities and passing the blame on to his brother, who, trading as Murray Structures, pleaded guilty to breaching reg.5 of the WAHR by not hiring trained workers, and reg.29(1) of the Construction (Design and Management) Regulations 2007 by failing to ensure the work was planned and carried out safely.

Both brothers were fined a total of £13,000 on 29 July. Robert Murray was told to pay £8000 on the two charges, as well as £4000 towards the cost of the prosecution, while his brother was fined £5000 and ordered to pay £8000 in costs, in recognition of his not-guilty plea.

In mitigation, Robert Murray accepted he was at fault from day one and said his training had pre-dated the HSWA and he had failed to keep pace with safety requirements.

Describing the lack of measures taken to prevent Mr Hind from falling through the roof, inspector Charnock said: “Even when the roof was fully intact, it had fragile rooflights, which was pretty clear from the warning signs on the building, but once the workers started pulling off the roofsheets, there were more holes on the roof, and there was no edge protection to stop them falling off the building.”

He added: “As this incident demonstrates, carrying out work at height can result in serious injury and even death if not properly planned. Steps must be taken to prevent people falling, and everyone involved in the work must be properly trained.”

Mr Hind has been unable to return to work since the incident, and had to wait six months for a titanium plate to be inserted into his damaged skull. Recalling the incident, he said: “It was a frightening time. There was nothing to protect my brain – just skin. I was worried to go out; I didn’t like to be around lots of people in case I bumped my head.”

Commented the inspector: “Mr Hind is lucky to be alive following his fall, which could and should have been prevented. He sustained multiple injuries, which will affect him for the rest of his life.

“Unfortunately, neither Robert nor Eric Murray took the necessary safety precautions and Mr Hind suffered horrific injuries as a consequence. The workers they employed were casual labourers and did not have the skills or experience to work on industrial roofs.”