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Multiple safety failures lead to £260k fine after worker falls from height

Construction company, Sir Robert McAlpine Ltd was sentenced for safety breaches after worker, Mark Smith, fell 4.8 metres through an unprotected opening.

Leeds Magistrates’ Court heard how, Mr Smith, aged 36, was working at Stone Gappe Hall, Lothersdale, Keighley, owned by Richard McAlpine, a director of the McAlpine group of companies. Mr Smith was attaching straps to a water tank whilst preparing to move it to a lower floor of a water tower at the property, in order to paint the floor.

An investigation by the Health and Safety Executive (HSE) found that Mr Smith fell through an opening that did not have fixed edge protection. As a result, he sustained serious injuries including: a right tibial shaft fracture, a distal fibular fracture, a fracture to the left patella, orbital and nasal fractures, lacerations to the face, a concessional head injury, injury to his ribs and he was hospitalised for nine days. Mr Smith continues to suffer from psychological damage and has been unable to return to work.

Sir Robert McAlpine Ltd of Eaton Court, Maylands Avenue, Hemel Hemstead, Hertfordshire pleaded guilty to breaching Section 3 (1) of the Health & Safety at Work etc Act 1974, Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and Regulation 13(1) of the Construction (Design and Management) Regulations 2015. The company has been fined £260,000 and ordered to pay £38,299 in costs.