NEWS IN THE COURTS
DEATH FROM 20-FOOT FALL SEES COMPANY AND DIRECTOR PROSECUTED
A company and its operations manager have both been fined after a man fell to his death through a roof at its site in Dudley.
Maciej Rozanski, who was 42, had been working to remove a redundant steel cleaning machine from the company’s Sovereign Works site on Deepdale Lane, on 29 June 2018. However, during the work, Mr Rozanski stepped onto a fragile roof and fell more than 20 feet to the floor below. He suffered serious injuries and was pronounced dead at the scene.
Surface Technik (Old Hill) Limited, which is now in liquidation, was found guilty following a trial earlier this week, while Robert Hammond had already entered a guilty plea, but disputed he was responsible for health and safety at the site. This prosecution was brought following an investigation by the Health and Safety Executive (HSE).
The HSE investigation found that the company began the work to remove the machinery in December 2017 and that project was led by Robert Hammond. The steel cleaning machine was housed in a corrugated steel tower on the side of the main production building which required partial dismantling in order to remove the machine. On the day of the incident, Mr Rozanski and another employee were tasked with the dismantling works. Once at the top of the tower they used an angle grinder to remove bolts holding the corrugated steel plates in place. It was during this activity that Mr Rozanski fell to his death.
BUILDER SENTENCED FOR UNLICENSED ASBESTOS REMOVAL
A builder has been fined after carrying out unlicensed asbestos removal work at a house in Cheadle, Manchester.
Gavin Mutch, trading as G Mutch Developments, had been contracted to carry out renovations at the property including roofing work. Despite being warned by the customer that asbestos was potentially present in the fascia boards, Mr Mutch proceeded to remove the asbestos-containing materials on 8 September 2022.
An investigation by the Health and Safety Executive (HSE) found Mr Mutch had carried out unlicensed and therefore illegal asbestos removal work. This type of work should only be undertaken by a licensed asbestos contractor with appropriate safety controls in place.
Mr Mutch, of Cheadle Hulme, pleaded guilty to breaching Regulations 3(2) of the Health and Safety at Work Act 1974
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There was no suitable and sufficient risk assessment made for the work at height activities. The work to remove corrugated steel sheets from the disused tower was carried out at height, near to a fragile roof surface without suitable access equipment or safe working practices. The work was not properly organised, planned, appropriately supervised or carried out in a safe manner and the employees were not trained for working at height when the incident occurred.
Surface Technik (Old Hill) Limited formerly of Deepdale Lane, Dudley was found guilty by a jury of a breach of Section 2 (1) of the Health and Safety at Work etc. Act 1974 and have been fined £90,000 and ordered to pay costs of £28,956 at a hearing at Wolverhampton Magistrates Court on 21 March 2025.
Robert Hammond of Sutton Coldfield accepted that he did not take reasonable care for the health and safety of both employees when he pleaded guilty to breaching Section 7 of the Health and Safety at Work etc. Act 1974. Mr Hammond was fined £8,500 and pay the same amount in costs.
Speaking after the hearing, HSE inspector Sarah Smewin said: “Working from height remains a leading cause of workplace death and injury.
“This case highlights the risks of working at height from or near to fragile roof surfaces and the importance of a risk assessment, proper planning, training and supervision of work at height and the use of suitable access equipment to ensure that the work can be carried out safely. It also demonstrates that placing a company into liquidation is no bar to prosecution.”
at Manchester Magistrates Court on 8 April 2025. He was sentenced to a 12-month Community Order with 180 hours unpaid work and ordered to pay £2000 in costs.
Asbestos can be present in buildings constructed before 2000 and can cause serious diseases when disturbed. Workers in trades such as construction, maintenance, demolition and installation are particularly at risk.
The regulator also provides comprehensive guidance for workers and employers about working safely with asbestos on its website. This includes information on how to identify asbestos, what to do if you find it, and the appropriate safety measures needed when working with or around asbestos-containing materials.
HSE inspector David Norton said: “This case demonstrates why our ‘Asbestos and You’ campaign is so vital. At HSE, we want to raise awareness across the industry about the importance of having suitable control measures in place when working with asbestos-containing materials. Licensed work requires specific training, equipment and practices to ensure safety.”
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