The boss of a decorating firm has been fined after an employee broke his back when he fell through a roof.
Neil Beattie, 50, who was trading as NB Decorating, had been working on the fragile plastic roof of a carport attached to Whitemyres Croft in Daviot when an employee fell through it onto the concrete ground below.
He was left with horror injuries, including two broken bones in his back, had to wear a back brace for a year on his release from hospital.
His injuries also meant he was unable to continue in the same line of work.
Beattie and his employee, Dylan Leiper, had been painting part of the gable end of the bungalow property and were also removing a wasps’ nest.
It’s thought Mr Leiper may have been startled by the wasps and stepped back onto the fragile roof.
Appearing in the dock at Aberdeen Sheriff Court, Beattie admitted a charge under the Work at Height Regulations 2005, of failing to ensure the work was properly planned and carried out in a reasonably practicably safe manner.
In order to carry out the work, both men had to walk across the fragile roof to access a working platform, which was not fitted with “edge protection”, such as a railing or barrier.
As a result, Mr Leiper stepped off the platform onto the roof and fell through, to his severe injury and permanent disfigurement.
Fiscal depute Roderick Urquhart said the roof in question was made up of “overlapping corrugated sheets of translucent Perspex-type material”.
He told the court Mr Leiper has “little recollection” of the incident, which happened around 8.30am on July 6 2018, but remembers coming round in hospital the next morning.
Mr Leiper remained at Aberdeen Royal Infirmary for six days. He suffered two broken bones in his back and a cut to his head, which needed six stitches.
On being discharged, he had to wear a back brace for 12 months and received physiotherapy.
Mr Leiper ‘panicked and stepped backwards onto the canopy roof’
Following the fall, he was “unable to face climbing ladders” and could not return to his old job.
Beattie told a paramedic who attended that the pair had been working on the roof “and had disturbed wasps or something” and Mr Leiper had fallen or stepped off the work board and fallen through the roof.
The court was told Beattie gave a similar account to a police officer, saying wasps had been disturbed and Mr Leiper “panicked and stepped backwards onto the canopy roof instead of the wooden beams, causing him to fall directly onto the concrete below”.
Mr Urquhart said Beattie also explained what happened to a Health and Safety Executive (HSE) officer.
He said: “It was believed that Dylan Leiper, possibly startled by the wasps, had moved directly from the platform onto the corrugated roof, which broke, and he consequently fell through the roof, landing on the ground below.”
Beattie said he immediately climbed down and found Mr Leiper unconscious with an “obvious head injury that was bleeding”.
‘Sincere and profound regret for what occurred’
The HSE officer noted the working platform “had no edge protection and that there was an apparent space between the board and both the gable end wall and the edge of the carport roof where the ladder had been”.
Beattie later provided a statement explaining that the platform had been placed where it was in order to be supported by beams, which meant a gap was inevitable.
Mr Urquhart said HSE guidance on working on fragile roofs showed the job “could have been done safely by providing a working platform on the roof with sufficient guardrails and ensuring there was a safe access route to and from it”.
Defence counsel Gavin Anderson said: “Mr Beattie wishes to express publicly today what he has expressed privately to Mr Leiper and to me, his sincere and profound regret for what occurred.”
He said his client had worked as a painter and decorator “all his life” and employs three people.
Mr Anderson explained Beattie took safety seriously and had, on previous occasions, refused to take on jobs over safety issues.
Beattie shouted to warn employee moments before fall
Mr Anderson said: “When they were on the working platform, Mr Leiper initially appeared to be adhering to all the advice and instructions.
“After tackling the wasps’ nest Mr Beattie turned to speak to Mr Leiper and noticed he had moved off the platform onto the Perspex roof.
“While it’s in no way sought to blame Mr Leiper, it’s Mr Beattie’s perception Mr Leiper appeared not to be paying attention because he had one hand in his pocket, perhaps looking for a cigarette because a cigarette and lighter were found on the ground next to him.”
He said Beattie was “immediately concerned for Mr Leiper’s safety” and shouted his name. He added: “As he did so, the Perspex roof gave way and Mr Leiper fell through it.”
Mr Anderson said Beattie visited Mr Leiper in hospital and retained him on full pay.
He said Beattie “accepts that better planning” would have ensured there was no gap and that the platform would have had a barrier.
Sheriff Ian Duguid ordered Beattie, of Nether Davah Place, Inverurie, to pay a fine totalling £2,650.
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