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Updated Apr 15, 2016

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Six years jail sentence for company boss following worker fatality

Two men have received jail sentences after two incidents on the same day left one worker dead and another with life-changing injuries when they fell from a roof they were dismantling.

C. Smith and Sons had won a contract to demolish buildings in Heaton Norris, Stockport in 2014. Originally plant machinery was going to be used to demolish the structure, which would have entailed minimum risk to workers. However between the contract being won and the work being carried out, the owner - Mr Smith - decided not to use plant machinery but to demolish the building piece by piece which would require working at height.

The demolition of the roof was then subcontracted to Allan Thomson's company, Building and Dismantling Contractors Ltd. The roof was made from corrugated steel sheets and plastic skylights which had deteriorated over time and had been covered with further corrugated steel sheets in an attempt to repair the damage.

On 20 January 2014, one worker, Scott Harrower, accidentally stepped through a skylight and nearly fell 30 feet onto the concrete floor below.  Despite this near miss work continued and the very next day a second worker fell through a skylight to the floor below, fracturing his spine, pelvis, right leg, heel and wrist.

This incident occurred just after 9am and ambulance and police attended the scene. Officers left the scene after informing the company that they had a duty to inform the Health and Safety Executive (HSE) of the accident.

The men were ordered to return to work, despite their colleague having just suffered severe injuries. Just hours later Mr Harrower, who had been involved in the near miss the previous day, fell through a skylight and sustained fatal head injuries.

Both companies appeared at Manchester Crown Court. Allan Thomson's company Building and Dismantling Contractors Ltd, were found guilty of offences under the Health and Safety at Work etc. Act 1974 and the Work at Height Regulations SI 2005/735.

Allan Thomson was also found guilty of gross negligence manslaughter and given six years imprisonment. He was also fined £400,000 and ordered to pay £95,000 in costs.

C Smith and Sons were found guilty of offences under the Health and Safety at Work etc. Act 1974, and for breaches of the Construction (Design and Management) Regulations SI 2015/51 and the Work at Height Regulations SI 2005/735.

Michael Smith has been jailed for eight months, fined £90,000 and ordered to pay £45,000 in costs.

Detective Chief Inspector Richard Eales said: ''First and foremost, our condolences go to the families of Scott and his colleague, who were the victims of both companies’ criminal negligence and who died in tragically preventable circumstances. It is clear from the evidence that both Smith and Thomson saw an opportunity to make a quick profit without any thought for the workers they sent on to the roof, and as a direct result of that greed Scott died and another man suffered life-changing injuries. Smith and Thomson’s remorse did not then stretch to admitting their guilt, as both tried to hide behind their companies and refused to plead guilty to the charges levelled against them personally. Thankfully, the jury saw through their attempts and both now can face justice for the decisions that they made, decisions that have robbed one family of a loving partner, father, and son, and another of a man’s ability to live a life untainted by severe physical injury.''

HSE Inspector Sandra Tomlinson, commented: ''Falls from height, and in particular falls involving fragile roofs, are one of the main causes of work-related deaths in Britain. The risks are therefore well-known and documented, as is the guidance on how to reduce these risks. The roof dismantling works were not properly planned or supervised and adequate precautions, such as netting, were not put in place. This led to two men falling in separate incidents and resulted in one man suffering life-changing injuries as well as the dreadful tragedy of Mr Harrower’s death.''

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