Risking migrant workers' lives lands

Prosecutions and Claims |
15.09.2007

Migrant workers were put "in danger of death" by a construction firm which sent them to clean a fragile roof without supervision, safety equipment or training, Sheffield Magistrates' Court has heard.

On 20 February, HSE inspectors were called to the site in Wybourn, Sheffield, to investigate reports that three men had been seen crawling on the roof of an industrial unit. They served Enfield-based RMS Construction, which employed the Polish workers via a Sheffield agency, with an immediate Prohibition Notice.

HSE inspector John Rowe told the court there had been "a real risk of them falling through the roof, 10 metres to the ground. This would have caused serious injury, possible disability or even fatality."

One of the men had never been on a roof before and none of the men spoke English.

A spokesperson for the HSE told HSW there are various ways the firm could have organised the work safely. It could have covered the roof valley gutter with boards so the workers did not have to stand directly on the roof; the work could have been carried out from a cherry picker using long-armed tools; or RMS could have used a work platform (laid on the roof) with harnesses and guard rails, along with safety netting underneath the roof (safety nets are not sufficient on their own).

RMS Construction admitted breaching Regulation 9(2) of the Work at Height Regulations, which requires employers to provide "sufficient platforms, coverings, guard rails or similar means of support or protection" during work from fragile surfaces and to take suitable measures "to minimise the distance and consequences" of any fall. It was fined £3,500 plus £910 costs.
After  the case, the firm's managing director, Ronald Colombo, said, "This has been a very poor show on our part after 40-odd years in the industry with an unblemished safety record."

He added he felt "very badly let down by my supervision staff. Safety equipment was there; it was simply not used."

Rowe warned that building companies "cannot assume that they will only face prosecution from the HSE if they have been involved in an accident.
"Where safety conditions on site are significantly below the industry-accepted standards, they should beware. If migrant workers are employed, communication and supervision are critical."

HSE advice on safe working on fragile roofs is available at www.hse.gov.uk/construction/roofbuilders.pdf