Builder receives Community Order After Barn Roof Fall
Injured on the first day through poor planning, management and monitoring of activities during work at height.
Builder James Dargen-Cole:
Leeds Magistrates’ Court, 1st April 2025 – Self-employed builder James Dargan-Cole, 25, of Todmorden, has been sentenced to a 12-month community order with 200 hours of unpaid work and ordered to pay £2,500 in costs following an incident where a labourer fell over 13 feet through a barn roof.
The incident occurred on 13th April 2023 at Great House Farm in Lancashire. Jacob Thomas, 29, a self-employed labourer, sustained severe injuries, including a brain haemorrhage and multiple fractures to his skull, sternum, spine, and shoulder, on his first day on the job. Mr. Thomas fell through a skylight while removing wooden boarding from a lower barn structure.
A Health and Safety Executive (HSE) investigation revealed that Dargan-Cole failed to implement necessary measures to prevent falls from height, a leading cause of workplace injuries. The investigation also found that the barn roof contained asbestos fibres, and Dargan-Cole lacked the understanding to manage the associated risks during dismantling.
Principal Inspector Paul Thompson from HSE emphasised the severity of Mr. Thomas’s injuries and attributed the incident to “poor planning, management and monitoring of activities during work at height.” He stressed the availability of HSE guidance on working safely at height and the known risks associated with such work.
Dargan-Cole pleaded guilty to breaching Section 2(3) of the Health and Safety at Work etc. Act 1974.
The “Asbestos and You” campaign, reminding tradespeople of the dangers of asbestos, can be found in buildings built before 2000 and remains a major workplace killer in Britain.
General Information on Control of Risk and Prosecutions:
- Legal Duty: All employers in the UK have a legal duty to ensure the health, safety, and welfare of their employees and others who may be affected by their work activities. This includes identifying hazards, assessing risks, and implementing appropriate control measures.
- Risk Assessment: A fundamental part of controlling risk is conducting thorough and regular risk assessments. This involves identifying potential hazards, evaluating the likelihood and severity of harm, and putting in place measures to eliminate or control those risks.
- Control Measures: Control measures can include a wide range of actions, such as:
- Eliminating the hazard completely.
- Substituting a less hazardous substance or process.
- Engineering controls (e.g., machine guarding, ventilation).
- Administrative controls (e.g., safe working procedures, training).
- Personal protective equipment (PPE) as a last resort.
- HSE Enforcement: The HSE has various powers to ensure compliance with health and safety legislation, including:
- Providing advice and guidance.
- Carrying out inspections.
- Issuing improvement notices or prohibition notices.
- Bringing prosecutions in cases of serious breaches.
- Sentencing Guidelines: The courts follow sentencing guidelines for health and safety offences, which take into account factors such as the culpability of the business, the level of harm risked, and the size of the organization. Fines can be substantial, and in cases of gross negligence leading to death, individuals can face imprisonment.
- Importance for Small Businesses: While larger companies may have dedicated health and safety teams, it is equally crucial for small businesses to understand and comply with their legal obligations. Lack of resources is generally not accepted as a valid excuse for failing to manage risks effectively.
It’s essential for all businesses, regardless of size, to prioritise health and safety, conduct regular risk assessments, implement necessary control measures, and ensure that employees are properly trained and supervised to prevent accidents and avoid potential prosecutions
If you’d like guidance on meeting your legal obligations or support with risk assessments, control measures, or training, contact us today to speak with one of our health and safety specialists.