An Angus granary has been hit with a £60,000 fine for health and safety breaches following a contractor’s death at their site five years ago.
Andrew Rose plunged more than seven metres to his death through a fragile roof at WN Lindsay granary, by the A90 at Stracathro, on June 9 2018.
Mr Rose, 41, was the director of ARBM (Montrose) Ltd had been contracted to clean and paint the roofs of two sheds – used to store barley to be sold to drinks companies – as part of a rolling project since May 22 that year.
He was a regular contractor who had worked at the site before WN Lindsay took it over in 2008, was working that Saturday morning with two of his three teenage sons.
He fell through the roof with no crawling boards, harness or safety net.
WN Lindsay was still looking to fill its vacant health and safety officer role at the time and being a weekend, the site foreman was not on shift.
Regular contractor
Fiscal depute Gavin Callaghan told Dundee Sheriff Court Mr Rose arrived at the Stracathro granary at 8am and made his way onto the roof of a shed he had already power-washed, ready to paint it.
One of his employees also climbed an extension ladder to feed up paint lines, while one of Mr Rose’s sons footed the ladder.
Mr Rose fell through a fragile roof panel and was found, not breathing and in a “large pool of blood”, on the ground.
A fellow worker had climbed up, saw the roof was missing a sheet and came down to find Mr Rose directly below the missing panel.
He had fallen between 7.4m and 7.8m.
A post-mortem showed he had no drugs or alcohol in his system.
There was no formal on-site monitoring or site-specific documentation for the work.
Mr Callaghan said: “There was no health and safety manager at the time of death.
“The company should have been checking.
“The company failed to question what Mr Rose was doing and left him to get on with his job.
“The Crown would suggest the level of culpability is high.”
Pled guilty to failings
WN Lindsay was founded 90 years ago and was acquired by Simpsons Malt in 2020.
WN Lindsay, which now operates as WNL Investments from an office in Edinburgh’s Melville Street, admitted breaching the Health and Safety at Work Act 1974.
The company pled guilty to failing to ensure, as far as reasonably practicable, Mr Rose and his employees were not exposed to risks to their health or safety by falling from or through fragile roofs while carrying out work at height.
It also failed to ensure the system of work was adequately reviewed and monitored.
Defence advocate Peter Gray KC said: “The organisation was one which took responsibility in relation to the health and safety of its employees and associates extremely seriously.
“It was expected that the deceased would be able to work without supervision.
“The incident happened at a time when the role of health, safety, environment and quality manager was vacant.
“It is to be noted that the accident occurred on a Saturday.
“Mr Rose was highly recommended.
“The failing by the accused is an isolated one.
“The accused organisation took robust steps to ensure that the tragic events would not be repeated.”
Mr Gray explained staff have all since received working at height training and contractor review has taken place.
Sentencing
Sheriff Gregor Murray expressed condolences and imposed a £60,000 fine.
He said: “However, I recognise the existence of mitigating factors.
“While the company has a previous conviction, it took place over ten years ago.
“There is no suggestion that this offence was taken with a view to profit.
“There is nothing to suggest it’s anything other than an isolated incident.”
‘Sad reminder’ of dangers
Debbie Carroll, who leads on health and safety investigations for the Crown Office, said: ”Andrew Rose lost his life in circumstances which could have been avoided if there had been an appropriate system of work and monitoring in place.
“It is well known that falls from height are one of the single greatest causes of death and serious injury to workers within industry and there is a significant amount of guidance available in relation to working at height on fragile roofs.
“This prosecution should remind duty holders that a failure to fulfil their obligations can have fatal consequences and they will be held accountable for this failure.”
Health and Safety Executive inspector Simon Dunford said: “This tragic incident is another sad reminder of the danger of working on fragile roofs.
“Mr Rose’s death could easily have been prevented if the company had ensured that this work was properly planned and checked that a safe system was followed when the work was undertaken.”
Previous safety breach
In 2015, WN Lindsay was fined after it was found to have breached health and safety legislation at its branch in Keith, Moray after an employee lost an arm in a machinery accident three years prior.
Banff man John Thomson, 57, was working as a foreman at the company’s Fife Park site in October 2012 when his right arm became entangled in machinery.
He was so badly trapped that the limb had to be amputated at the scene.
The court heard Mr Thomson had decided to check a conveyor for a blockage after staff became concerned about noises coming from the equipment.
As he was examining it, a co-worker mistakenly turned on the machine’s isolation switch instead of turning off a different mechanism.
Mr Thomson’s hand was mangled by the machinery and after all efforts to free him failed, his right arm had to be amputated up to the elbow in order to release him.
At Elgin Sheriff Court, the company was hit with a £50,000 fine.
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