The case concerned the death of a Latvian man who had only been in the country for two weeks when he fell more than five metres through a fragile roof.
Nikolajs Naumovs, 57, had been working on a roof at premises in College Bounds, Fraserburgh, owned by local butchery company Bruce of the Broch 1886 Ltd.
Peterhead Sheriff Court heard this week that on 21st August 2009 Mr Naumovs was working with his nephew to remove asbestos cement sheets from the roof of a building. They had reached the roof using a telehandler, and, while the basket was on the ground being unloaded, the two were sitting near the apex of the roof. Suddenly and without warning, the roof collapsed beneath them.
His nephew managed to grab something and was left hanging from a wall but Mr Naumovs fell five and a half metres to the concrete floor below and died at the scene from head injuries.
The court heard that Mr Naumovs and his son Juris had arrived in Scotland in early August to work and were staying with his other son, Vjaceslavs, and nephew Nikolajs Cernovs.
Both Vjaceslavs and Nikolajs were employed by the company which, although it was primarily a family butchers, was converting premises in College Bounds into residential property.
An investigation by the Health & Safety Executive (HSE) found that the evening before the incident the company’s managing director had visited the property to plan the next day’s work with the pair. Neither of the men had a thorough grasp of the English language. They formed the impression that they were to start removing the roof the following morning in his absence.
The two men appear to have further formed the impression that they could bring in additional workers to undertake this task, if required, who would be paid by the company for any work they did. Consequently they asked Nikolajs and Juris Naumovs to help dismantle the roof the next day.
The investigation concluded that the circumstances leading up to the fatal incident showed poor communication, a lack of instruction and supervision, the use of equipment which was not suitable for the task, and the work being carried out in a manifestly unsafe manner.
Although the men should never have been on the roof itself at all, as the telehandler being used was not suitable for this work activity, the company would have been able to intervene to stop the roofing work had there been more effective and regular supervision.
Bruce of the Broch 1886 Ltd, of Broad Street, Fraserburgh, Aberdeenshire, was fined £80,000, reduced to £60,000 after pleading guilty to breaching Section 3 of the Health and Safety at Work etc Act 1974.
Following the case, HSE principal inspector Niall Miller said: “This tragic incident could have been avoided had the work been planned properly and carried out with the correct equipment.
“This type of work should ideally be undertaken without the need to directly access the roof, for example by using a mobile elevated work platform, or, if that is not possible, with safety measures to minimise the risk of falling such as crawling boards, fall arrest harnesses or netting.
“In addition, an employer needs to arrange suitable training and instruction to ensure that persons working there clearly understand not only what they are expected to do but also how they are expected to do it in order to ensure a safe system of work will be followed.
“In this case the difficulties arising from the language barrier resulted in fatal consequences.”
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