The HSE were notified of an incident by the Coroner’s Officer after the death of John McCleary on 27 January 2009. Mr McCleary had been hired by Taj ul Malook Mann to fit panels on a roof of his unit, but Mr Mann failed to provide any fall arrest measures. Mr McCleary was subsequently paralysed from the waist down after falling from the roof on 12 June 2008 and died after contracting pneumonia as a complication from his injuries. The HSE’s investigation found that a bricklayer had previously escaped with minor injuries after falling from height at the same site. Mr Mann pleaded guilty to four charges, These were under Regulation 13(2) Construction (Design and Management) Regulations 2007 for failing to plan, manage and monitor the construction work; two breaches of Regulation 6(3) Working at Height Regulations 2005 which require measures to be put in place to prevent people falling from height for both Mr McCleary’s incident and a second incident involving welders working from ladders on the site; and Regulation 3(1)(b) Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 for failing to report the incident.
The Sentencing Guidelines for fatal cases were applied as the breaches were found to be a significant cause of death and Mr Mann had failed to plead guilty sufficiently early to justify a discount to the fine. The Judge also found that Mr Mann had put profit before safety by failing to pay for safety measures, and he had lied to inspectors during the HSE investigation. Mr Mann claimed that he had only £5,000 in savings and was living in rented property on a monthly pension of £1,200. However, it emerged that after receiving the summons Mr Mann had transferred two properties (including the industrial unit where the incident occurred) to close relatives in what was described as “sham” transfers. The value of the properties was therefore included when the Court assessed Mr Mann’s ability to pay. Mr Mann was fined £112,000 in total and ordered to pay costs of £19,331 in addition.