Longridge businessman gets suspended jail term after employee falls to his death while working at Preston roofing firm

An experienced roofer was killed after falling through a skylight he was working on without a safety deck underneath.
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Mieczyslaw Sulowski, 59, from Ashton, Preston, had been carrying out repairs to skylights at an empty warehouse on Brockholes View, Preston in April 2015, when he fell 10 metres onto a concrete floor.

Preston Crown Court heard court heard a colleague had heard Mr Sulowski scream and turned to see his arms and hands trying to grab the roof, but he was unable to stop himself falling.

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Tragically, in spite of paramedics arriving within four minutes, he died at the scene.

Scene of tragedyScene of tragedy
Scene of tragedy

Mr Sulowski, who was employed by Preston-based Designed Roof Systems Ltd (DRSL), had suffered fractures to his skull, ribs and arms.

At the time the workers' only safety gear had been basic personal protective equipment and a mobile elevating work platform (MEWP), which was supposed to be moved underneath each skylight as it was worked on to act as a crash platform.

Mr Sulowski had moved ahead to work on the next skylight, but the MEWP was still under another one.

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A joint probe launched by Health and Safety Executive Inspectors and police found DRSL had failed to provide protective equipment such as harnesses, airbags, or soft landing systems, as well as edge protection, rails around the roof, a deck system to spread the load, or safety netting - all recognised industry standards.

Preston Crown CourtPreston Crown Court
Preston Crown Court

The court was told workers were instructed some employees would " traverse the exterior of the roof" by walking along a line attaching roof panels to the building's steel frame - thought to be the strongest point of the roof - while the others would work from inside.

A report deemed the company's system for the job, which included employees walking along the strongest part of the roof, was "fundamentally flawed and unsafe", had "put the operatives at a very high risk of harm or fatality" and fell "far below an acceptable standard for safety."

Instead of a proper risk assessment they were given a verbal briefing.

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It would have cost just £1,200 to provide the necessary equipment to make the job safe.

DRSL's managing director Michael Devlin, 57, of Pinfold Lane, Longridge, admitted two health and safety offences and has been given a 26 week jail term, suspended for 12 months, with a 20 week curfew. A charge of gross negligence manslaughter will lie on the file.

The firm must pay a £130,000 fine and £15,970.89 costs.

The prosecutor said: "It was a job fraught with risks.

"It's clear this incident would not have happened if the company, and Mr Devlin, had followed the simple set out industry standards."

The court heard Stonehouse Orion Limited owned the warehouse, which had been vacant since January 2015, and needed repairs to 70 roof skylights in an asbestos roof, prior to the building being let.

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DRSL quoted £7,865 plus VAT for the repairs, which the judge remarked was a competitive price because it didn't factor in the safety costs - an aggravating feature.

A second firm later completed the work for £17,000, which included extensive safety measures.

The Devlin family's barrister said they wished to make clear their deep remorse for his death, adding: " He was a valued employee and a good colleague."

He said Mr Devlin had believed it was a safe system of work.

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The Honorary Recorder of Preston, Judge Robert Altham, said: " Plainly the working methods of the defendants were seriously flawed and dangerous.

"The instruction to walk along the bolt lines was positively dangerous as the areas along the bolt lines can be the most fragile.

"The MEWP proved wholly inadequate.

"I note many of the skylights were obscured from the inside by the roof panels so there was no guarantee the MEWP would be placed in the right location in the first place.

"There's no doubt had proper consideration been given to the safety of those working on the roof Mr Sulowski would not have died."

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However he accepted Mr Devlin did not deliberately close his eyes to the risk and had no previous safety offences, and remarked he had made a "terrible incompetent mistake" rather than a wilful one.

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