A 32-year-old man sustained severe injuries after falling five metres through a roof he was working on.
His employers, the Richardson Roofing Company Limited (RRCL), were found to be liable for his injuries and losses, and were fined £200,000 for not providing adequate safety measures for their employee.
This was a serious incident indeed, and it was entirely preventable.
Facts and losses
St Albans Crown Court was told how the labourer was working on the construction site fitting battens on the roof when he stepped through a thin roofing membrane. His injuries caused him to be hospitalised for fifteen days with two broken wrists and four fractures to the skull. His losses included a loss of earnings and his potential future earnings with the disadvantage that he will suffer in the open market, as it has been confirmed that he will not be able to continue with this type of work.
The duty of care
As his employer, RRCL owed him a duty of care.
This means that they should have ensured that all reasonable steps were taken in terms of protecting the health, safety and wellbeing of their employee. It’s clear that, in this particular case, the employers were negligent, and failed to provide their employee the right level of due care he deserved.
Removing the boards that had previously covered the holes had left him with a thin piece of roofing membrane. This was not adequate enough to support his weight which resulted in him plummeting five metres through the roof.
Legal and moral obligation
Having concern for the physical and mental wellbeing of employees should not be just a legal obligation; it should be seen as a moral obligation as well. This can allow for a more positive working environment as well as a safer one.
No one wants to be involved in work accidents, and no one wants to be a part of an organisation who doesn’t take care of their own employees
The huge duty of care for employees
An employer’s duty of care is really broad.
In relation to personal injury, their duties include; undertaking risk assessments; providing a safe work environment; providing adequate training where necessary (for example if you have not used a particular machinery before, you would expect to be trained prior to using it); providing areas of rest; prohibiting excessive working; etc.
It’s designed to make sure that no employee can be injured in reasonably preventable circumstances.
In this case, RRCL failed to ensure a safe working environment – and at height, as well.
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