Firms Convicted over Death of Worker

HMA v Robertson Construction Central Limited & Stirling Stone Limited - Companies Convicted over Death of Worker

CROWN OFFICE AND PROCURATOR FISCAL SERVICE NEWS RELEASE11 MARCH 2011
HMA V ROBERTSON CONSTRUCTION CENTRAL LIMITED & STIRLING STONE LIMITED COMPANIES CONVICTED OVER DEATH OF WORKER

At Glasgow Sheriff Court today, following a three week trial, Robertson Construction Central Limited and Stirling Stone Limited were convicted of breaches of Health and Safety legislation which resulted in the death of a stone mason's labourer. Since the set up of the COPFS Health and Safety Division this is the first case to proceed in Court by way of trial rather than being resolved by way of plea.

The serious 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 on a loading tower of the independent access scaffolding, when he fell to the ground and sustained injuries from which he died

Following the case, 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"

Following the case, 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”

Ends

  Notes to Editors
1. Sheriff Cathcart deferred sentence until 7 April at Glasgow Sheriff Court
2. Robertson Construction was convicted of a breach of Sections 3(1) and 33(1) and Stirling Stone of Section 2(1) and 33(1) of the Health and Safety at Work etc Act 1974.
(Section 2 (1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."
Section 3(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.")
3. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to prevent death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement.
4. 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 ten 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.
5. 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.
6. Statistics from the Division's first two years of operation show that more than 40 cases resolved without the need for trials by securing early guilty pleas from the accused. This is the first case that has proceeded to trial.

Item sourced from http://www.crownoffice.gov.uk/News/Releases/2011/03/HMA-v-Robertson-Construction-Central-Limited-Stirling-Stone-Limited-Companies-Convicted-over-Death-W?eban=rss-