Dairy Crest ordered to pay £95k for creamery death

A scaffolding worker died after plunging eight metres through a fragile roof light, while working on top of a chemical store at the creamery on November 4 2008.

Truro Crown Court was told last week (January 30) that the accident happened when Michael Stone, aged 44, of Hartley, Plymouth was erecting a scaffold at Dairy Crest’s premises.

Self-employed scaffolder​

The self-employed scaffolder was contracting for specialist fabrication firm Dartmeet Services, which was itself contracted to creamery owner Dairy Crest to replace the chemical store’s roof.

An investigation by the Health and Safety Executive (HSE) revealed that the building had fragile rooflights. But the worker had not been made aware of the roof’s condition and no signs warned of the danger. The scaffolder and his employees were not asked to sign in to gain access to the roof and no-one at the site checked his risk assessment for the work. After falling to the concrete floor, Stone suffered multiple injuries and died in hospital seven days later.

Speaking after the hearing HSE inspector, Barry Trudgian, said: “This is yet another tragic fatality caused by working on a roof with fragile rooflights, where the risks are well known. In this case, no-one involved took proper control to make Mr Stone aware of the issue.​

‘Fragile rooflights’​

“There should have been signs on the building indicating the presence of fragile rooflights and any work on the roof should have been subject to a thorough risk assessment and supervision.​

“Simple, straightforward, commonsense procedures could have saved Mr Stone’s life.”​

Dairy Crest was fined £75,000 and ordered to pay £20,000 costs for breaches of health and safety legislation. The firm pleaded guilty to breaches of Section 3 (1) of the Health and Safety at Work etc Act 1974 and Regulation 9(3) (a) of the Work at Height Regulations 2005.

A spokesman for the dairy firm told FoodManufacture.co.uk: “Dairy Crest expresses our sincere condolences to Mr Stone's family.​

“We have cooperated fully with the Health & Safety Executive's investigation and have reviewed our procedures in light of the tragic accident in which Mr Stone died, in order to minimise the risk of any recurrence.”​

The other defendant, the main contractor, Dartmeet Services, were fined £30,000 with £10,000 costs.

Dartmeet Services of Union Street, Newton Abbot, Devon pleaded guilty to breaches of Section 3 (1) of the Health and Safety at Work etc Act 1974 and Regulation 4 of the Work at Height Regulations 2005. 

HSE guidance on working near rooflights can be found here.