Construction firm fined £215,000 after worker thrown from cherry picker

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A construction company has been fined £215,000 after a roofer was thrown from a cherry picker when it was struck by a bus, suffering serious injuries.

The worker fell on to the roof of a parked car and then on to the pavement and was left permanently impaired following the incident in the Castlemilk area of Glasgow on February 4, 2022.

McTaggart Construction Limited pleaded guilty to a breach of construction regulations and health and safety legislation on October 10 at Glasgow Sheriff Court after failing to take steps to ensure the safety of workers, the Crown Office said.

The North Ayrshire-based company was fined £200,000 with a victim surcharge of £15,000 when the case called for sentencing at the court on Thursday.

Prosecutors said the roofer and cherry picker operator were in the basket of the vehicle, which was raised to allow repairs to cladding at a construction site on Ardencraig Road.

At about midday a double-decker bus struck the so-called “knuckle” of the cherry picker, which was protruding over the road.

The force of the collision momentarily lifted the cherry picker on to its two rear wheels and caused its boom to slew and strike a nearby lamppost.

The roofer, who was not secured within the basket, was thrown from it and fell on to the roof of a parked car before falling to the pavement, while the operator managed to remain within the basket.

The roofer, then aged 27, suffered severe injury and permanent impairment as a result of the incident.

Prosecutors said the subsequent Health and Safety Executive investigation found McTaggart Construction Limited, as principal contractor, had failed to ensure the work being carried out at height was properly planned and that personal protective equipment was used.

There were also no suitable measures in place to effectively segregate the cherry picker from traffic, the Crown Office said.

Following the incident, the company took remedial and preventative action with an overhaul of its processes and policies.

Speaking after sentencing, Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service, said: ”This was a serious incident that could have been avoided if McTaggart Construction Limited had put in place the appropriate planning and protective measures.

“Falls from height are usually the greatest single cause of death and serious injury to workers within the construction industry.

“Hopefully this prosecution will remind other employers that failure to fulfil their obligations can have serious and life-changing consequences and that they will be held to account for their failings.”

McTaggart Construction Limited has been approached for comment.