Roofing firm ordered to pay nearly a million following HSE investigations

(Left) The roof Billy had been working on. (Right) The roof of the unit at Plasmarl Industrial Estate.
(Left) The roof Billy had been working on. (Right) The roof of the unit at Plasmarl Industrial Estate.

A roofing company has been fined a total of £881,000 and ordered to pay over £112,000 in costs after two workers were seriously injured during two separate incidents.

Billy Hewitt of Mitie Tilley Roofing fractured his pelvis after falling through a factory roof in Newcastle. Meanwhile, a 24-year-old labourer employed by RM Scaffolding broke his femur after falling through the roof of a building in Swansea while working on a project run by the sentenced roofing company.

Billy Hewitt fractured his pelvis, left wrist and eye socket after falling seven metres through the roof of a factory in Newcastle upon Tyne onto the concrete floor when replacing a skylight on 11 November 2019.

The HSE investigation found Mitie Tilley Roofing had failed to properly plan and carry out the work to replace the skylight and the work at height had not been thoroughly assessed as a standalone piece of work. The investigation also found that safety nets were in place on other sections of the roof but not directly underneath the skylight where the accident happened.

Meanwhile, earlier that year in June, a scaffolding labourer, employed by RM Scaffolding, was crossing a fragile roof when he fell through a skylight at a unit at Plasmarl Industrial Estate in Swansea.

The 24-year-old landed on his back approximately 20ft onto the floor below. He fractured his femur and suffered a blood clot in one of his main arteries, which required long-term medication.

The HSE found that Mitie Tilley Roofing had failed to plan, manage and monitor the work undertaken by RM Scaffolding, the sub-contractor, to prevent unsafe work practices being used.

Meanwhile, Paul Robinson, RM Scaffolding business partner, had failed to plan the work properly and ensure staff had appropriate skills, knowledge and experience. He also failed to provide appropriate fall protection on the roof.

The Health and Safety Executive (HSE) has now investigated both incidents and prosecuted Mitie Tilley Roofing while also prosecuting Paul Robinson.

Following the incident on 11 November 2019, Mitie Tilley Roofing was found guilty of breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and breaching Regulation 4(1) of the Work at Height Regulations 2005 and fined £575,000 and ordered to pay £84,940.08 in costs at Newcastle Crown Court on 6 December 2023.

Meanwhile, for the incident on 3 June 2019, the roofing firm pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £306,000 and ordered to pay £27,410.63 in costs on the same day as the other sentencing.

Paul Robinson pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005 and was sentenced to 120 hours of unpaid community service to be served within 12 months. He was also ordered to pay £20,428.73 in costs.

HSE principal inspector John Heslop said: “Too many workers are injured or die every year as a result of falling through fragile rooflights without adequate fall prevention or protection measures in place.

“These were both shocking incidents, which had a lasting impact on those who were injured.

“The law is clear about the measures needed to ensure safety when working on fragile roofs and there is a wide range of guidance available from HSE and the Construction industry on correct ways of working. HSE will not hesitate to take action against employers who do not do all that they should to keep people safe.”

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