Judge cuts fines for firms involved in worker's fall from roof

Appeal: Fines for firms involved in worker's fall from roof have been cut.© STV

Three firms who were fined after a worker plunged through a roof light onto a concrete floor have had their fines slashed by appeal judges.

Christopher Carson, a gymnastics competitor and coach, was seriously injured in the accident at Dundee Cold Stores premises at Whittle Place, Dundee, on October 3 in 2008.

The firm along with contractors Electroguard Security Systerms, of Strathmore Avenue, Dundee and Mr Carson's employer Robert A S Crockett & Partners, of Scott Street, Dundee, were subsequently prosecuted for breaching Health and Safety at Work legislation.

After they pled guilty at Dundee Sheriff Court Sheriff Elizabeth Munro fined Dundee Cold Stores and Electroguard £135,000 each and Robert A S Crockett and Partners Ltd £66,000.

But judges at the Court of Criminal Appeal in Edinburgh quashed the penalties and replaced them with fines of £50,000 for the first two firms and £44,000 for the latter.

The court heard that Mr Carson, an electrician's labourer who was 23 at the time of the accident, suffered three fractured vertebrae in his back, a broken shoulder and a head injury after falling about six and a half metres while working on the roof.

He later underwent surgery and physiotherapy.

Mr Carson was working on installing lighting at the plant and was clipping cables at the premises.

The sheriff said: "I reach the conclusion that the preparation for and conduct of the works in which Mr Carson was involved had fallen very far below the basic standards which should have been expected of reputable organisations."

Following the fines imposed on the firms earlier this year they appealed against them challenging the level of the penalties imposed with their counsel criticising the sheriff's approach in the case.

Lord Clarke, who heard the appeal with Lord MacLean, said: "We are entirely satisfied that the formidable, and several, criticisms made of the sheriff's approach to sentencing in this case in respect of all three appellant's were well-founded and that the fines imposed fall to be quashed."

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