North Ayrshire based McTaggart Construction Limited pled guilty to a breach of construction regulations and health and safety legislation at Glasgow Sheriff Court on 10 October 2024 after failing to take steps to ensure the safety of workers.
The prosecutor told the court that on 4 February 2022 at a construction site on Ardencraig Road a then 27-year-old roofer was in the basket of a cherry picker (Mobile Elevated Work Platform or ‘MEWP’) which was raised to allow repairs to cladding. The operator was also in the basket.
At about midday a double-decker bus struck the “knuckle” of the cherry picker, which was protruding over the roadway. The force of the collision momentarily lifted the cherry picker onto 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 the basket and fell onto the roof of a parked car before falling to the pavement. He suffered severe injury and permanent impairment because of the incident.
The cherry picker operator managed to remain within the basket.
The subsequent Health and Safety Executive investigation found that McTaggart Construction Limited, as principal contractor, had failed to ensure that 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.
Following the incident the company took remedial and preventative action with an overhaul of its processes and policies.
Speaking after the sentencing, Debbie Carroll, who leads on health and safety investigations for the COPFS, 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."