Employer jailed after roofer fell to his death in Rochdale
Mark Francis Bray, 48, has been sentenced to 2 years in prison.
A man is starting a two year jail sentenced after his employee fell to his death whilst at work in Rochdale.
Mark Francis Bray, 48, from Warrington, admitted failing to take reasonable care of Kenneth Drake, who fell through a fragile roof in 2015.
He also pleaded guilty to perverting the course of justice after trying to cover up the health and safety error by forcing Ken's signature on a risk assessment form after his death.
The incident happened on 24th September 2015 when Ken fell several meters to the floor and suffered serious head injuries whilst employed by Roofing Consultants Ltd.
Bray was the contracts manager and responsible for the safety of his employees.
The circumstances surrounding Ken’s death were subsequently investigated by both Greater Manchester Police and the Health and Safety Executive.
During the investigation it became clear that there had been fundamental breaches of duty by Ken’s employers and a second company who were also involved in the work, High Ridge Roofing Solutions.
Practical steps that could and should have been taken to ensure the safety of Ken, as well as his colleagues, hadn't been taken. Those breaches led directly to Ken’s death.
The practical steps include providing netting, which Bray insisted was not needed. Experts in the field assessed the site after Ken’s fall and advised that netting was necessary. Another expert in the field stated that it was not difficult to net and if it had been installed, would have caught Ken. Experts told investigators that netting would have costed approximately £1250 to safely install.
During the investigation, GMP examined Bray’s computer and found that he had altered the records in order to mislead the investigation. He presented a risk assessment document containing Ken’s forged signature in order to mislead and attempt to justify his actions.
Roofing Consultants Limited have been fined £100,000 and were also ordered to pay £30,000 in prosecution costs after pleading guilty to Section 2(1) Health and Safety at Work etc. Act 1974.
High Ridge Roofing Solutions Limited have been fined £12,000 and were also ordered to pay £33,000 in prosecution costs after being found guilty of Regulation 15(2) Construction Design and Management Regulations 2015 following a trial.
Speaking after the case, Ken’s wife Ingrid paid tribute to her husband: “Ken was an amazing husband and stepfather. He was a loving, caring man who made everyone laugh. We shared so many memories and its heart breaking to know we can’t share any more. It’s sad to know he’s missed out on such magical moments in our lives, like watching our daughter get married. He’s truly missed by everyone and always will be. We love you very much.
“I would like to thank everyone that has worked on Ken’s case. I know they have worked hard to bring about this prosecution.”
Detective Chief Inspector Richard Eales, of GMP’s Major Incident Team, said: “First and foremost all of our thoughts are with Ken’s loving family, who have been left absolutely devastated by his death. I hope today they are provided with a measure of comfort at the end of what has been a very long and difficult road.
“Today’s result should serve as a stark reminder to those who employ people and have a responsibility to look after them in the workplace - cutting corners in this way is dangerous and can ultimately rip families apart, because it was these actions that had absolutely cataclysmic consequences and led to Ken’s unnecessary and preventable death.
“The fact that Bray went onto forge Ken’s signature demonstrates than rather than thinking about Ken and his loved ones in the aftermath of his death, Bray’s sole thought was to cover his tracks and prevent the investigation from establishing what had occurred.
“This has been a thorough and meticulous investigation, led by a dedicated team of detectives from our Major Incident Team, as well as professionals from the Health and Safety executive, and following today’s result I would like to publically thank them for their commitment.
“My final words are reserved for Ken and I hope this sentence – and the fact Bray will have to serve a prison sentence – serves as justice for him and his family.”
HSE principal inspector, Laura Royales said: “This was an entirely foreseeable and preventable incident which resulted in a tragic and needless loss of life. Falls from height remain the biggest cause of workplace fatalities in the UK construction industry.
“It is vital that those involved in planning, managing and carrying out work at height understand the risks and identify and implement suitable control measures to prevent injury. Had such steps been taken in this case, this incident would not have occurred.”