The case involved a worker who suffered from life-changing injuries after he fell almost four metres through a hole in the first floor of a hotel in Aberdeen.
Scott Massie, who was 37 at the time, was employed by Riverside Construction (Aberdeen) Limited, which had been subcontracted by Aberdeen Fabrication Limited (A-FAB) to work on a major refurbishment project at the premises in Market Street.
In court, it was confirmed that Mr Massie had been replacing a floorboard over a hole in the first floor – it was one of several that had been used to hoist materials up to the floors above – however, as he moved the board into position, it fell through the hole, as did Mr Massie.
He landed on his back nearly four metres below, fracturing his spine in several places.
It is understood no one heard him call out for help and he had to crawl back up to the first floor before colleagues found him.
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He suffered eight fractures of the vertebrae, two broken ribs and was in hospital for almost eight weeks. He then had to undergo physiotherapy to learn how to walk again, and has been diagnosed as having permanent damage to his lower back.
The incident occurred on 13 October 2009, and was investigated by the Health and Safety Executive (HSE). Just weeks prior to the accident, the HSE had served an Improvement Notice on principal contractor A-FAB following a site inspection. The Executive had found failings in how work at height was being carried out and gave the company time to put specific improvements in place.
An investigation by the HSE into Mr Massie's accident found the hole was part of a temporary hoist shaft installed on the instruction of the site manager, which consisted of holes in all four floor levels. Boards placed over the holes when the hoist was not in use was the only measure to prevent a person falling through. Riverside's supervisor intended that they be put in position by two people and screwed down, but this was not always done and there were no guards around the hole when the hoist was in use.
In its report, HSE said A-FAB had failed to sufficiently address the safety issues in the Improvement Notice and that both companies had failed to take suitable and sufficient steps to prevent persons from falling a distance likely to cause personal injury and, in particular, failed to ensure that holes in the floors were adequately guarded or that other means were in place to prevent persons approaching and falling through said holes.
Aberdeen Fabrication Limited, of Carden Place, Aberdeen, was fined £45,000 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Riverside Construction (Aberdeen) Limited, of Bon-Accord Crescent, Aberdeen, was fined £30,000 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
(JP/MH)
