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A building contractor was given a 24-month custodial sentence on the charge of gross negligence manslaughter after a worker fell off a farm building.
The sentence was handed down on 18 May last at the Court of Appeal in Belfast. The contractor will serve 12 months in prison and 12 months on licence.
In addition the court imposed sentences of six months imprisonment on each of the three charges relating to health and safety offences to run concurrently with the 24 months imposed on the charge of manslaughter.
Lord Justice Gillen said: “Deterrence is necessary to prevent others behaving in this way and to bring to the attention of the construction industry generally the consequences of failure to ensure the safety of workmen.”
Farmer prosecuted
The farmer in this case was also prosecuted for breaching his duties under the law as a client.
The Health and Safety Executive Northern Ireland (HSENI) said that both the farming and building industries must take note of this case.
The legal precedence has been set by this judgement and when fatal accidents happen at work, people in control could very easily find themselves facing a jail term. The way forward must be to ensure all reasonable health and safety measures are put in place, it said.
Well-known danger
Ken Logan HSENI spokesperson said: “Falls while carrying out work at heights is a well-known danger and the preventative measures are easily available.
This particular incident could have been prevented by installing close hung safety nets and providing all round edge protection at a cost estimated at £1,100.
“The outcome would have been very different – the worker would still be alive; the contractor would not be in jail and two families would not be devastated.”
A farmer or anyone else who employs a contractor to do any building work (including demolition) has particular legal duties.
They are responsible for making suitable arrangements to manage the project so that people are kept safe.
No safety precautions
In this incident the farmer had contracted the building contractor to erect a three-bay farm shed at his premises.
Tragically, no safety precautions were put in place to prevent workers falling off the roof while fitting corrugated roofing sheets.
When it started raining the surface became slippery and both men lost their footing and slid off the roof. One of the workmen died as a result of this fall and the other suffered minor injuries.
Fine
On 3 March 2017 at Craigavon Crown Court the farmer who was the client pleaded guilty to a breach of health and safety legislation and was fined £1,500.
On 10 March the building contractor employed by the farmer pleaded guilty to a charge of gross negligence manslaughter and to three health and safety charges he was sentenced initially to 15 months suspended for three years for the manslaughter charge and fined £1,000 for each of the health and safety charges.
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