Boss fined for safety breaches after death of scaffholder in Bristol
THE employer of a scaffolder who fell to his death at work has been ordered to pay more than £4,000 for health and safety breaches.
Shaun Stevens, 41, fell 13ft (4m) to his death when dismantling a racking area at Kingswood-based Flook Scaffolding, Bristol Crown Court was told yesterday.
An investigation by the Health and Safety Executive found the firm in breach of safety regulations, although these were not directly responsible for the tragedy.
Company partner Russell Flook, 46, of Rogers Walk, Bridgeyate, pleaded guilty to the breaches in that the company lacked written risk assessment, had defective safety harnesses and that he created a bogus method statement following the death.
Judge Martin Picton imposed a £3,000 fine, as well as £1,000 costs and a £15 victim surcharge.
The judge told Flook: "I'm not sentencing you for offences that were causative to the tragic death. If I were, the penalties would be a great deal higher."
Anna Vigars, prosecuting, said in October 2006 Mr Stevens and two workmates were tasked with dismantling the racking, complete with a corrugated iron roof.
The court heard father-of-three Mr Stevens took the top position and fell to the ground, hitting his head. He was taken to Frenchay Hospital but died without regaining consciousness, 12 days later.
Mrs Vigars said he had not worn a restraining harness, and there was no statutory requirement to have one for that job.
But when the HSE investigated they found four out of six of the company's restraining harnesses required for higher work were either old, cut or badly worn.
She said the accident happened on October 4, and Flook showed the HSE the company's method statement for work – which he had actually created on October 5.
Marcus Tregilges-Davey, defending, said Mr Stevens, of Hanham Road, Kingswood, worked at the company for seven years and was "highly regarded as a scaffolder and as a person".
Mr Tregilges-Davey said everyone questioned by the HSE said they would have dismantled the rack in the same way.
He said: "When working in the yard, scaffolding companies very rarely prepare written risk assessments. This company was not out of kilter with other companies."
Mr Tregilges-Davey said Mr Stevens had had an epileptic fit the night before the tragedy and colleagues spoke of him not seeming himself that day.
The court heard Flook Scaffolding ceased trading in September last year and was wound up with debts of £160,000. He said smaller Boss Scaffolding was set up in its wake, but that had accrued debts and Flook himself had mortgage arrears of £5,000.
Mr Stevens' wife, Tanya, said after the case: "Shaun's death has left a huge void in our family: our daughters have no father to support them through life, and he is missing seeing our granddaughter grow up. Four and a half years on, we all still feel the loss of Shaun every day.
"I hope that Russell Flook has learnt from this and takes health and safety seriously on site, making sure his workers wear harnesses and work safely, so that no one else has to experience what we have gone through."
HSE inspector Sue Adsett said: "All employers have a duty to protect their employees."







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