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Sole trader fined £15k - employee broke his leg after 3 metre fall from roof

The Health and Safety Executive has reported that a sole trader who erects farms buildings has been fined £15k after his employee broke his leg when he fell three metres from the roof of an Aberdeenshire farm building.

Mr Robert Peter Mackie, 36, from the Turriff area, who was trading as RDM Engineering at the time of the incident was prosecuted after the incident. He pleaded guilty to of breaching section 2(1) of the Health and Safety at Work etc Act 1974.

Banff Sherriff Court heard how, on 20 November 2008 an employee was fixing a roof sheet onto the roof of a new potato store at Little Hilton Farm, near Turriff, Aberdeenshire, when he slipped and fell from the edge of the roof. He landed on an adjacent roof below, breaking his leg in two places.

There were no safety measures in place, such as guard-rails to prevent falls from this section of the roof and the work at height had not been properly planned and controlled by Mr Mackie.

Following the case, HSE Inspector Liz Standen said: "All employers carrying out work at height must ensure that the risks are fully assessed, the job is thoroughly planned and that suitable equipment is used. There is no excuse for leaving roofs under construction unguarded against falls. I find it very frustrating that people continue to be needlessly injured and killed because of a lack of basic planning and simple precautions. HSE statistics show that during 2008/09 10 people died and 1,423 were injured in Scotland while working in construction. These incidents are nearly always preventable when using the right equipment for the job."

Kim Smerdon a leading personal injury solicitor from Reading based law firm Boyes Turner said: "Falls from a height at work are unfortunately commonplace and such accidents usually cause very significant injuries. Many of these incidents could easily be prevented by employers complying with the Work at Height Regulations 2005 which place a number of duties on the employer to ensure that employees who have to work at height are safe."

Boyes Turner's top ranked personal injury lawyers are experienced in dealing with all types of accidents at work as a result of falls from a height. If you, or someone you know has suffered as a result of an accident at work please contact us to discuss your claim.


Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.

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