The boss of Angus Biofuels has been fined £10,000 after an employee plunged almost six metres through a roof.
William Watson, 60, appeared at Forfar Sheriff Court to admit breaching health and safety legislation.
Polish national Jerzy Golanski was working at North Mains of Ballindarg Farm, carrying out repair work when he fell through a barn roof on May 29 2020.
Mr Golanski landed on the concrete floor below and broke his pelvis, arm and elbow.
He spent almost three months in hospital and now has one leg shorter than the other.
‘Severe’ injuries
Prosecutor Laura McManus explained roofing work was being undertaken at the farm between Forfar and Kirriemuir using a skyjack and crawl boards.
Mr Golasnki was working alone and Watson would check on him throughout the day.
Mr Golanski was rushed to hospital after the fall and he spent 81 days in Ninewells before being discharged on August 17.
He had suffered a broken pelvis, right elbow and right humeral bone, damaged multiple vertebrae and another fracture.
He went on to receive outpatient, orthopaedic, neurology and neuropsychology care.
One of his legs is now shorter than the other and he has difficulty walking.
Ms McManus explained Mr Golanski now only works half the hours he had been.
Investigation
The Health and Safety Executive was unable to confirm how Mr Golanski fell as he did not know how the accident happened.
Watson’s risk assessment certificate had lapsed three years before.
“HSE established there were numerous issues that contributed to the incident,” Ms McManus said.
“The accused, responsible for the risk assessment, failed to competently assess the risk.
“Mr Golanski did not recognise the safe system of work document.
“Neither Mr Golanski or the accused were qualified to carry out roof repair work or work at height.”
Victim still employed
Defence counsel Gavin Anderson KC said: “Mr Watson clearly apologises unreservedly.
“He accepts that he failed to discharge the duty incumbent upon him.
“With the benefit of hindsight, he would have approached matters very differently.
“Mr Watson had employed Mr Golanski for over 15 years. He was then and remains today a valued employee.
“He is determined to ensure nothing similar can happen again.
“Following the accident, Mr Watson was determined that Mr Golanski be looked after.”
He said a civil claim was settled in August 2023.
Mr Anderson said: “From that point on, Mr Watson ensured Angus Biofuels didn’t do any more roof work.
“There is culpability and blameworthiness on the part of Mr Watson. He didn’t intend to cause harm.
“Mr Watson is remorseful for what has occurred.
“It is his intention to step away from the business and leave it to the next generation.”
‘Catastrophic’ consequences
Watson admitted failing, as an employer, failing to the work was safe.
Sheriff Donald Ferguson fined him £10,000, reduced from £15,000 due to the businessman, of Ballindarg House, pleading guilty at the earliest opportunity.
He said: “This was a very serious accident and it had catastrophic consequences for Mr Golanski.
“I do regard that culpability is… at the level described as high because you were not certified to do roofing work and you were not really certified to risk assess that type of work.
“With regard to harm, that is also significant given what happened.
“In my view, therefore, this matter really goes towards the top of the fine maximum which is £20,000.
“If Mr Golanski had been any further injured or, God forbid, it had been fatal, the matter would have been prosecuted on indictment.
“You have behaved extremely appropriately towards Mr Golanski since this terrible accident.”
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