Press release

Construction company fined £120,000 after worker dies in fall from height

An Oxfordshire-based construction company has been fined £120,000 after a carpenter died when he fell through an unsafe first floor while carrying out refurbishment work.

W G Carter Limited, of Appleton, was sentenced following the death of 59-year-old Richard “Felix” Roper, who fell from height while working at a domestic property in Gloucestershire.

Mr Roper, a father of two, had been carrying out work on the first floor of Manor Barn House, Nether Westcote, on 30 August 2022, where extensive repairs were being undertaken to replace rotten floor joists and floorboards.

Mr Roper fell through the unsafe first floor while carrying out refurbishment work

He had been tasked with replacing damaged floor joists while other workers removed sections of flooring in the same area. Large parts of the first-floor structure had been stripped back, leaving open gaps between joists. In addition, some joists were either missing altogether or had not been secured.

It was while working in these conditions, Mr Roper fell from the first floor to the concrete ground floor below. He sustained severe head injuries and died in hospital the following day.

A joint investigation by the Health and Safety Executive (HSE) and Gloucestershire Police found that the work at height had not been properly planned, appropriately supervised, or carried out safely.

The investigation identified several serious failings. Workers, including Mr Roper, were able to access areas of the first floor where flooring and structural supports had been removed, despite there being insufficient measures in place to prevent falls. At the same time, other workers were continuing to remove floorboards, creating and increasing the risk of falling from height.

After falling from the first floor he landed on the concrete floor below

Following the incident, HSE served a Prohibition Notice, stopping further work at height until adequate safety measures had been introduced.

Falls from height remain the leading cause of workplace death and injury with the latest statistics from HSE showing that they account for over a quarter of all work related deaths in 2025/26.

HSE guidance states what an employer must do to protect their employees from falls from height including making sure work is properly planned, supervised and carried out by competent people.

The investigation found that W G Carter Limited had failed to adequately plan the work and implement suitable measures to prevent workers from falling. After the incident, the company adopted a safer method of working, installing floor joists from below using appropriate work-at-height equipment and preventing access to the first floor while the work was being undertaken.

On 24 September 2026, at Bristol Magistrates Court, W G Carter Limited, of 81A Eaton Road, Appleton, Oxfordshire, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. The company was fined £120,000 and ordered to pay costs of £5,247.

HSE principal inspector James Lucas said:

“Due to the failings of this company, a man lost his life.

“Every year, workers are killed or suffer life-changing injuries because work at height has not been properly planned or suitable safeguards have not been put in place.

“Had appropriate controls been in place, Felix’s death could have been prevented.”

“Our thoughts remain with Felix’s family. He was a valued colleague and a much-loved father of two who lost his life in circumstances that should never have arisen.”

The prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski, enforcement advocate Rowena Goodwin and paralegal officer Hannah Snelling.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

Construction company fined after 24-year-old father falls through unprotected stairwell opening

A domestic house builder in Sowerby Bridge was fined after a labourer sustained serious spinal injuries when he fell one storey onto concrete through a stairwell opening.

It was only his second week on the job when Mr Joseph Tuck, 24, a father of one, stepped backwards and fell through an opening intended for a staircase that had not yet been installed. He was working as a temporary labourer for a scaffolding company in January 2024 at a site of four new domestic dwellings being constructed by Hillbeck Homes (Sowerby Bridge) Ltd.

The stairwell opening had not been securely covered (previous loose scaffold boards had been removed) and the open edges were not protected. There were no alternative means of accessing the sub-floor and West Yorkshire Fire & Rescue and the HART team had to rescue Mr. Tuck who had fallen unconscious. He sustained serious spinal injuries which prevented him from working for months after the incident and has not returned to a physical job since.

The uncovered opening

An HSE investigation found that Hillbeck Homes (Sowerby Bridge) Ltd had failed to put adequate measures in place to prevent falls from height, resulting in Mr Tuck falling through an unprotected stairwell opening and suffering life-changing injuries.

HSE guidance states that employers must take suitable and sufficient measures to prevent and mitigate falls when working at height. This includes properly planning the work, carrying out task-specific risk assessments, and putting in place physical safeguards such as scaffolding, guardrails or coverings to prevent falls, including where there is a risk of falling through openings in floors, roofs or other work platforms. Further guidance can be found here: Work at Height – HSE.

HSE Inspector Louise Redgrove said:

“Falls from height remain one of the leading causes of death in the construction industry, accounting for around a quarter of all fatal injuries to workers each year.

“This was a wholly avoidable incident caused by basic failures in planning and supervision. The stairwell opening was not adequately protected, and simple measures such as securing the scaffold boards or installing edge protection would have prevented Mr Tuck from falling and sustaining serious spinal injuries.

“This fine should serve as a clear reminder to the construction industry that both the courts and HSE take breaches of health and safety law extremely seriously.

“HSE will not hesitate to take enforcement action where employers fail to take the necessary steps to protect workers from harm.”

Hillbeck Homes (Sowerby Bridge) Ltd formerly of 1 Bretton Place, Otley Road, Guiseley, Leeds LS20 8FL was found guilty on three charges.  They failed to properly plan and appropriately supervise work at height and to take suitable and sufficient measures to prevent a fall.  The company was fined £300,000 and ordered to pay £9,284.05 in costs at Leeds Magistrates’ Court on 16 September 2026.

This HSE prosecution was brought by HSE enforcement lawyer Matthew Reynolds and paralegal officer Henrietta Ruthven.

Further Information

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases are available.
  4. Relevant guidance can be found here Introduction to working at height safely – HSE; The Work at Height Regulations 2005
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

SENTENCED: Construction company and director fined for risking lives with unsafe roof work

A construction company and a director have been fined after workers lives were put at risk with unsafe roof work in central London.

B&O Developers Ltd and Sanjay Swaminaryan were fined following an investigation by Britain’s workplace regulator. The Health and Safety Executive (HSE) took action after members of the public raised concerns about unsafe working practices during extension and refurbishment of what is now the Kings Cross Express Inn on Kings Cross Road.

In January 2024, concerned members of the public sent photographs to HSE showing people working on a roof at the site with no control measures to protect them from falling, such as edge protection.

The dangerous and unsafe roof work was spotting by members of the public who sent photographs to HSE

There was no safe means of access to the roof, with operatives photographed standing on a makeshift platform balanced on a stepladder.

The HSE investigation found that there were no controls in place to prevent the workers, who were employed by a subcontractor, from falling from height on at least two separate dates.

Measures which had been identified in the roofing subcontractor’s risk assessment as necessary controls, including scaffolding around the roof, were not in place.

The construction project ran from October 2020 until March 2024 and was initially managed by principal contractor Hubb Construction Ltd, of which Sanjay Swaminarayan, 48, was a director. In March 2023, the principal contractor changed to B&O Developers Ltd, with Mr Swaminarayan retained as the sole director and keeping all other site arrangements the same.

There were no control measures to protect the workers from falling, such as edge protection.

HSE inspectors responded to several concerns raised by the public and occupants of surrounding buildings between November 2021 and September 2023 and took enforcement action against both Hubb Construction Ltd and B&O Developers Ltd.

Inspectors also met with Mr Swaminarayan to discuss how he could improve management arrangements to ensure sustained compliance with health and safety law.

Despite these interventions, a further concern was raised regarding unsafe roof work in January 2024.

Falls from height remain the leading cause of workplace death and injury with the latest statistics from HSE showing that they account for over a quarter of all work related deaths in 2025/26.

HSE guidance states that in order for roof work to be carried out safely there must be, at a minimum, safe access to the roof and a safe place to work on the roof.

For sloping roofs, in practice this usually means providing full edge protection on all roof elevations to which access is needed. Where roofs are steep, the edge protection system needs to be capable of safely containing a person sliding down the sloping surface. Edge protection is also needed at gable ends.

B&O Developers LTD of Prince Albert Road, London, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005.  The company was fined £4,020 and a surcharge of £1,608 at City of London Magistrate’s Court on 22 July 2026.

Sanjay Swaminarayan, of St John’s Wood Court, pleaded guilty to breaching Section 33(1)(a) of the Health and Safety at Work (etc) Act 1974 (‘the Act’), by virtue of s37(1) the Act. He was fined £2300, a surcharge of £1,108 and ordered to pay costs of £8,000.

HSE inspector Lucy Ellison-Dunn said:

“The working practices of both the company and Swaminarayan put lives at risk.

“Swaminarayan was fully aware of the requirements for safe work at height, having been given guidance from both HSE and his own health and safety advisors on several occasions.

“Despite repeated assurances to improve work practices, he failed to ensure that suitable controls were in place to prevent falls and did not properly supervise those he employed to manage and carry out the work.

“I would like to thank those concerned members of the public who got in touch with HSE to let us know.

“We will always take action against those that fail to protect the lives of workers.”

The prosecution was brought by HSE enforcement lawyer Colin Bromfield and paralegal officer Thomas Smith.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE guidance states what an employer must do to protect their employees from falls from height.
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences in England can be found here and those for Scotland here.

Building contractor fined after employee fell through a fragile roof

A North-East building contractor has been sentenced after a bricklayer broke his back after falling through a barn roof in Northumberland.

The 24-year-old had been part of a team working for Len Smith & Son Building Contractors Limited carrying out repairs to the roof at East Fleetham Farm in Seahouses on 5 February 2025. The man stepped on a polycarbonate roof sheet and fell approximately eight feet to the concrete floor below. He suffered two broken vertebrae in his back, as well as having a fractured sternum, that required surgery.

The man had been carrying out repairs to this barn roof at the time of the incident

An investigation by the Health and Safety Executive (HSE) found that the company had failed to ensure that there were adequate measures in place to protect employees or contractors when working at height. There was no risk assessment or safe system of work for the work activity being undertaken.

Falls from height remain the leading cause of workplace death and injury with the latest statistics from HSE showing that they account for over a quarter of all work related deaths in 2025/26.

The worker stepped on a polycarbonate roof sheet and fell approximately eight feet to the concrete floor below

HSE guidance states what an employer must do to protect their employees from falls from height including making sure work is properly planned, supervised and carried out by competent people.

Len Smith & Son Building Contractors Limited, East House, 17 Meadow Lane, Beadnell, Northumberland, pleaded guilty to breaching the Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £20,000 and ordered to pay £5,744 in costs by North Tyneside Magistrates Court on 6 August 2026.

HSE inspector Richard McMullen said:

“The outcome of this case could have been much worse, but the man’s injuries were still very serious.

“Falls from height continue to be the leading cause of workplace fatalities in Great Britain, with 31 people losing their lives in the past year.

“The construction industry remains the sector that accounts for the greatest number of workers killed each year.

“These figures do not include those individuals that have sustained serious, life changing injuries in falls.

“We will prosecute those that fail to protect people while at work.”

This HSE prosecution was brought by HSE enforcement lawyer Karen Park and assisted by paralegal Zara Salman.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

Construction company fined £60,000 after worker seriously injured

A construction company in London has been fined £60,000 after a worker suffered life-changing injuries when he fell through an unprotected roof light while carrying out refurbishment work at a domestic property in Fulham.

The unprotected roof light.

On 10 November 2023, a male worker was carrying out roof refurbishment work at a domestic property on Langthorne Street, Fulham. He was working for Lowndes Lumb Construction Limited, passing   materials through an open, unprotected roof light during a property renovation. He fell through the opening onto the concrete floor below, sustaining serious injuries.

Where the injured person fell.

An investigation by the Health and Safety Executive (HSE) found that the company had failed to take suitable measures to protect workers from the risk of falling from height. Measures to prevent falls, such as scaffolding, guard rails, an internal crash deck or harness systems, had not been used.

HSE guidance states that work at height must be properly planned, appropriately supervised and carried out safely by competent people. Work at height means work in any place where, if precautions were not in place, a person could fall a distance liable to cause personal injury.

Relevant guidance can be found here: Working at height: A brief guide.

Lowndes Lumb Construction Limited pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005. The company was fined £60,000 and ordered to pay £6,070 in costs at Westminster Magistrates’ Court on 3 August 2026.

HSE Inspector Lydia Edwards said:

“Falls from height remain one of the leading causes of workplace death and serious injury. The latest HSE statistics show they accounted for around a quarter of all worker deaths in Great Britain during 2025/26.

“This was a wholly avoidable incident that resulted in a worker suffering life-changing injuries. Had suitable measures been in place to prevent a fall, this incident could have been prevented.

“If you are working at height and think there is a risk that someone or something could fall, you must take action to control that risk.”

This HSE prosecution was brought by HSE enforcement lawyer Edward Parton and paralegal officer Melissa Wardle.

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. Relevant guidance can be found here Working at height: A brief guide.
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

Company fined after man left ‘physically ruined’ after fall from height

A principal contractor has been fined after a man was left ‘physically ruined’ after falling from a tipping bucket on a fork lift truck in Kent.

Aaron Back, 41, a father of four, spent months in hospital after the incident at the EMIR site on Wotton Road in Ashford on 28 March 2023. The then 38-year-old had been contracted by South East Refurbishment Limited to carry out work dismantling pipework. He was in a raised tipping bucket on a fork lift truck at the time when he fell out of it to the concrete floor below.

The fork lift truck used with the bucket in the background

An investigation by the Health and Safety Executive found that a scissor lift had been ordered to undertake the work but was too tall to enter the area where it was taking place – so the fork lift truck was used instead.

In a victim personal statement, Aaron Back said:

“Since the incident I am physically ruined.

“My left hand side doesn’t work properly. I can’t push off from my toes on my left so I struggle to get up and walk around.  My back also causes me excruciating pain.

“This accident has destroyed me as a person it has taken away my identity. I miss taking my kids to football.

“I have worked hard to improve and get better I want to be that person again.

“I worked hard for the company and I have been given a lifetime sentence.  I would give anything to be normal again to be back to being me.”

The HSE investigation found that no suitable arrangements were in place to manage the company’s contractors and ensure safety on the site. No actions had taken by the company either to ensure a different safe system of working was undertaken.

Although the company provided equipment to its labour-only subcontractor there was no training in place for relating to the fork lift truck or scissor lift for Mr Back or his sub-contractor. There was no instruction or procedure in place to ensure only trained operatives could get access to these and no adequate supervision on site.

HSE found significant failings by the company relating to unsafe work at height over a prolonged period of time, relevant advice and enforcement was given to them from 2013 regarding control of contractors and unsafe working at height.

Falls from height remain the leading cause of workplace death and injury with the latest statistics from HSE showing that they account for over a quarter of all work related deaths in 2025/26.

HSE guidance states what an employer must do to protect their employees from falls from height including making sure work is properly planned, supervised and carried out by competent people.

South East Refurbishment Limited of Unit 5 Aja Business Centre Laker Road, Rochester, Kent, pleaded guilty to Health and Safety at Work etc Act 1974, section 3(1).  The company was fined £90,000 and ordered to pay costs of £27,241 at Margate Magistrates Court on 7 July 2026.

HSE inspector Joanne Williams said:

“Falls from height continue to be the leading cause of workplace fatalities in Great Britain, with 31 people losing their lives in the past year.

“The construction industry remains the sector that accounts for the greatest number of workers killed each year.

“These figures do not include those individuals that have sustained serious, life changing injuries, resulting from a fall from height.

“In this case Aaron and his family have had their lives changed forever following what was a completely avoidable incident.”

This HSE prosecution was brought by HSE enforcement lawyer Chloe Ward and assisted by paralegal Jason Dix.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

Chemical logistics company fined after ‘family man’ dies following fall from mobile loading ramp

Bertschi UK Limited has been fined £425,000 after a warehouse supervisor suffered fatal injuries following a fall from a mobile loading ramp during a container loading operation at its Middlesbrough site.

Peter Hutchinson, 60, was employed as a Warehouse Supervisor by Bertschi UK Limited and had worked for the company since around 2009.

On 4 November 2021, Mr Hutchinson was helping to load plastic waste bales into a shipping container at the company’s site in Middlesbrough.

The mobile ramp from where Mr Hutchinson fell

As Mr Hutchinson accessed the ramp, a plastic bale slipped from the forklift truck which was loading them into the container. This caused Mr Hutchinson to step backwards and fall approximately 1.5 metres onto the concrete surface below.

Mr Hutchinson suffered serious injuries and died in hospital on 23 November 2021.

Peter’s wife Karen Hutchinson, said:

“My husband Peter was the family man and everything we did revolved around him.

“Everyone is struggling to come to terms with their dad, uncle and friend not being here. He did so much for so many people.

“To explain my feelings of loss is to try and explain the unthinkable – there are just simply no words.

“Peter was my husband and very best friend. He was my always and forever and he is my forever always.”

An investigation by the Health and Safety Executive (HSE) found that Bertschi UK Limited failed to properly assess the risks associated with the loading operation and failed to adequately consider and control the risks arising from pedestrian use of mobile loading ramps.

The investigation found that employees were permitted to access the ramps without handrails. In spite of the fact that the manufacturer of the ramp had specifically advised that pedestrians should not use the ramp unless handrails were fitted.

HSE also found that the company had not sufficiently considered reasonably practicable alternatives that would have avoided work at height altogether, including using existing loading bays or placing containers on the ground before loading.

Employers must properly plan and assess work at height and ensure that it is avoided where it is reasonably practicable to do so. Where work at height cannot be avoided, suitable measures must be in place to prevent falls and protect workers from injury.

Bertschi UK Limited, was found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974, Regulation 6(2) of the Work at Height Regulations 2005 and Regulation 4(1)(a) of the Work at Height Regulations 2005.

Following a trial at Teesside Crown Court in April 2026 Bertschi UK was fined £425,000 and ordered to pay costs of £119,258 at a hearing at Teesside Crown Court on Friday 17 July 2026.

HSE inspector Cain Mitchell said:

“Peter Hutchinson lost his life in an incident that was entirely preventable. The manufacturers instructions were clear: no pedestrian should have been using the ramp without handrails being fitted.

“Employers should carefully assess work at height activities and always consider whether the task can be carried out without exposing workers to fall risks.

“This was a new activity – changes to established working practices can introduce new risks and employers must ensure those risks are identified and controlled before work begins.

“This prosecution should remind dutyholders that HSE will not hesitate to take enforcement action when workers are unnecessarily placed at risk.”

This HSE prosecution was brought by HSE Enforcement Lawyer Jonathan Bambro and Paralegal Officer Rebecca Forman.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. Relevant guidance can be found here: Work at Height
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

Worker killed after wall panels collapsed during cleanroom dismantling

A Hamilton-based company has been fined after a worker died when a series of wall panels collapsed and ejected him from a scissor lift.

Steven Tervit had been carrying out a dismantling operation at a specialist technology centre in Renfrew on 9 November 2022 when the incident happened. The 32-year-old was employed as a labourer by Food Process Engineering Limited and had worked for the company for approximately 15 years.

Mr Tervit had been working at a height of around four metres on a scissor lift, removing wall panels from a cleanroom at the National Manufacturing Institute Scotland (NMIS) at Westway Business Park, Porterfield Road, when the remaining panels fell and struck the platform. Mr Tervit was thrown from the lift onto the concrete floor of the warehouse.

The cleanroom before being dismantled

He was taken to the Queen Elizabeth University Hospital where he was found to have suffered a traumatic brain injury, rib fractures, lung contusions and fractures to his right thigh bone and left shin bone. He died in hospital the following day.

The cleanroom, which had been used to house a welding robot, was a steel-framed structure with walls and roof constructed of polyurethane panels measuring 6.1 metres in height. Food Process Engineering Limited had been subcontracted to remove the panels as part of the wider dismantling operation.

An investigation by the Health and Safety Executive (HSE) found that the company had failed to adequately assess and manage the risks associated with dismantling a structure it had not originally installed.

The wall panels, once the roof had been removed, had insufficient lateral support to maintain their structural stability. HSE found that the company’s risk assessment and method statement did not adequately address the risk of unplanned collapse due to structural instability. Although the company’s own method statement specified that ‘A-frame’ props or supports should be installed where necessary, no such props were present or in use on site at the time of the accident.

The company had carried out visual inspections of the exterior of the cleanroom prior to commencing work and proceeded on the assumption that it had been constructed to industry standard. HSE established that this assumption was unsafe, as the disassembly of a structure built by a third party carried an inherent risk of latent defects that could elevate the risk of structural failure.

The company also failed to communicate its risk assessment and method statement to the employees carrying out the work, meaning workers on site were not adequately informed of the risks involved.

Falls while working at height remain the leading cause of workplace injury and death. New data published by HSE for 2025/26 revealed that 31 people died – representing around a quarter of all work-related deaths for the year.

Food Process Engineering Limited, of Unit 17, Whistleberry Industrial Estate, Hamilton, pleaded guilty to breaching sections 2(1), 2(a) and (c) and 33(1)(a) and (c) of the Health and Safety at Work Act etc 1974. The company was fined £50,000 with a victim surcharge of £3,750 at Paisley Sheriff Court on 6 July 2026.

HSE inspector Amna Doherty said:

“The failings of this company cost a much-loved husband, father and son his life.

“Falls from height remain the leading cause of workplace death and injury.

“There was a lack of planning in terms of the risk and those being tasked with the job were not aware of the dangers posed to them.

“We will not hesitate to take action against those who fail to protect their workers.”

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in Scotland can be found here.

Construction company sentenced after a worker fell to his death

A construction company has been fined after one of its employees was killed when he fell through an unglazed window opening.

Antonio Rodrigues, 55, had been working for Lima Construction Limited, the principal contractor on a project to redevelop a former department store on the High Street in New Malden, into a mixture of commercial and residential units.

On 27 July 2022, Mr Rodrigues, who was working as a labourer on the site, fell from an external scaffolding platform through an unglazed window void, landing on an internal concrete ground floor more than three metres below.  Although he was taken to hospital Mr Rodrigues died from his injuries several days later on 1 August.

Police bodycam footage of the openings including the door in the centre which Mr Rodrigues fell through

An investigation by the Health and Safety Executive (HSE) found that in one wall, window voids had been created to install glazed ‘Juliet’ doors. However, when the doors were delivered it was found some had damaged glazing panels so were not installed. Although the company recognised that the four unglazed window voids created a risk to workers on the scaffolding platform – falling from height through the voids – it was only in the hours after Mr Rodrigues fell that protective boarding was installed.

 

The HSE investigation identified it was reasonably practicable for boarding or additional inside scaffolding guard rails to have been installed over the window voids to prevent falls from height as soon as they had been created.

The door and the concrete ground below it
The door with the boarding added within hours after the fall

The company had also not ensured that legally required weekly scaffolding inspections had been carried out after 5 July 2022, so the opportunity for identification of the risks posed by the unglazed window voids by a competent scaffolding inspector was lost.

Lima Construction Limited, of Apsley Road, New Malden, pleaded guilty to contravening Regulation 13(1) of The Construction (Design and Management) Regulations 2015. It was fined £50,000 and ordered to pay costs of £11,347 at Westminster Magistrates Court on 18 June 2026.

HSE inspector Andrew Verrall-Withers said: 

“This is a case where a company who generally tried to have good standards of health and safety, failed to react effectively to an unusual situation and there were tragic consequences.

“Falls from height are one of the leading causes of workplace fatalities and major injuries in the UK.  Employers and those in control of any work at height activity should ensure a sensible, pragmatic approach when considering precautions for work at height.

“As there was no CCTV and nobody witnessed the incident, we will never know exactly what caused Mr Rodrigues to fall. But if the boards added shortly afterwards had been in place, then there would have been no opening for him to fall through in the first place.”

The HSE’s investigation was carried out by HM inspector Andrew Verrall-Withers, and the prosecution was brought by HSE lawyers Iain Jordan and Tom Ledden-Rocks, and paralegal Anushka Lulith.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  1. More information about the legislation referred to in this case is available.
  1. Further details on the latest HSE news releases is available.
  1. Guidance on working at height is available at Working at height – HSE and further guidance on construction can be found at Get started – HSE.
  1. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences in England and Wales can be found here.

 

Uninsured business owner sentenced after man fell through roof

An uninsured business owner from Lancashire has been given a suspended prison sentence after an employee suffered life changing injuries falling through a roof.

Gary Saville, 54, (trading as Bespoke Landscapes and Buildings) of Park Lane in Preesall, Poulton-Le-Fylde, was given an 12-month prison sentence, suspended for 18 months and told to complete 260 hours of unpaid work.

He had employed 31-year-old Jacob Black to replace skylights on a farm outbuilding in Pilling, Preston, on the 17 June 2024, but he fell through a fragile roof to the floor below while carrying out the job.

HSE inspectors visited the site weeks after the incident and took this image of where Mr Black had fallen from

Mr Black, also from Preesall, was taken by air ambulance to Preston Hospital and as a result of the incident, required two lung operations, collarbone surgery as well as sustaining multiple bone fractures.

In a victim personal statement, Jacob Black said:

“I have always been an active person and prior to the accident I cycled and used to enjoy walking with the family.

“Now I am unable to walk long distances and it has to be flat as I become very breathless.

“I also have restricted movement due to the communal fractures of the shoulder, which has caused poor movement in my right arm and makes everyday things, such as using a knife and fork and carrying items much more difficult.”

An investigation by the Health and Safety Executive (HSE) found that Saville had instructed Mr Black to walk across the fragile roof surface without any control measures, such as crawling boards and netting, in place to prevent or protect against a fall, ultimately leading to him falling through a fragile roof light.

Falls from height remain a leading cause of workplace death and injury and HSE has detailed guidance eon working at height and it can be read at hse.gov.uk.

Gary Saville of Park Lane, Preesall, Poulton Le Fylde, Lancashire pleaded guilty to breaching Regulation 6(3) of The Work at Height Regulations 2005 and was given a 12-month prison sentence suspended for 18 months and told to complete 260 hours of unpaid work. He was also ordered to pay £700 costs at Warrington Magistrates Court on 16 June 2026.

At an earlier hearing on 10 February 2025, Saville also pleaded guilty to not having Employers’ Liability Compulsory Insurance (ELCI) at the time of the incident. Most employers are required by law to provide ELCI cover to ensure successful civil claims can be met. Further guidance can be found on the HSE website at Employers’ Liability (Compulsory Insurance) Act 1969 – HSE.

Speaking after the hearing, HSE Inspector Paul Taylor said:

“Falls from height remain the leading cause of fatalities and serious injuries in UK workplaces and Mr Black is lucky to be alive.

“No control measures were in place to ensure the work could be carried out safely.

“To make matters worse, the man who employed him to do the job didn’t even have insurance in place should anything have happened.

“Nobody should be put at risk through the failures of those in charge.”

This HSE prosecution was brought by enforcement lawyer Samantha Tiger and paralegal officer Stephen Grabe.

 

Further information:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. Relevant guidance can be found here – Work at height – HSE.
  5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.