If you still think ‘Elf n Safety’ is a laughing matter you may wish to consider the position of David Mulholland, a twenty five year old roofer, who was recently sentenced to six months in prison, suspended for six months, fined £1,400 and ordered to pay costs of £2,939.18 and a victim surcharge of £85.

Colin Parker of Kangs Solicitors comments upon this case to emphasise the need for legal obligations to be observed and the exercise of vigilance and common sense in the workplace by all parties including employer, employee or self – employed contractor.

Judge slams roofer’s ‘breathtaking act of stupidity’ which could have easily led to his death

On a rainy January 21st 2015 David Mulholland was engaged at the King Street townhouse in Manchester City Centre and was working to hammer steel beams into position.

The project was three weeks behind schedule, he allowed his enthusiasm to fulfil his job to cloud the basic need to protect his safety and, rather than asking the on-site scaffolder to secure his place of intended work, he risked balancing on scaffolding nearly ninety feet in the air.

Horrified office workers took pictures which were rushed to Investigators from the Health and Safety Executive who went straight to the site and interviewed him.

Mulholland told the court that he ‘didn’t realise how stupid he was being until he saw the picture’.

What had probably started off as a normal working day for David Mulholland resulted in being extremely expensive in terms of financial outlay and the resulting criminal conviction that he acquired.

Employers Responsibilities | Kangs Solicitors

It is an employer’s duty to protect the health, safety and welfare of employees and other people who might be affected by their business.

Employers have duties under health and safety law to assess risks in the workplace.

These assessments should address all risk that may cause harm.

Employers should also:

  • Provide information about the risks and the protection provided
  • Provide training on how to deal with the risks
  • Consult employees on health and safety issues.

Employees Responsibilities | Kangs Criminal Solicitors

Workers have a duty to take care of their own health and safety and that of others who may be affected by their actions.

Workers must co-operate with employers and co-workers to help everyone meet their legal requirements.

Sources of Information | Health and Saftey Advice

The Health and Safety Executive produces various detailed booklets in order to assist both employers and employees in the presentation and conduct of a safe and organised workplace.

How We Can Help ? | Health and Safety Solicitors

An article of this nature is designed simply to promote awareness of your legal responsibilities and duties.

At Kangs Solicitors we have the expertise to guide you and direct you from the experience we have gained from situations encountered by clients over the years.

We have seen all too often prosecutions arising from people falling from unsecured ladders, employees being crushed by fork lift trucks, injuries from unprotected factory equipment etc.

You can be sure that you will benefit more from pro-active guidance than simply ignoring the requirements that the law places upon you.

Who Can I Contact For Help? | Kangs Solicitors

Please feel free to contact our team through any of the lawyers named below who will be happy to provide you with some initial advice and an informal chat about any of the issues in this article which  may be of interest to you.

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07710 67 77 67