Fall from scaffolding tower

James Kelly was working on the third level of on a loading scaffold tower of the independent access scaffolding, when he fell to his death during the incident at a construction site at Glasgow Academy in Colebrook Street, Glasgow in April 2007. His employer Stirling Stone and Robertson Construction Central Limited were found guilty of failing to meet Health and Safety obligations following a three week trial at Glasgow Sheriff Court. Sentencing will be deferred until April 7. A spokesman for Robertson Construction Central said today: "Robertson Construction Central Limited accepts the jury's verdict and it is extremely sorry for the death of James Kelly. We are unable to comment further until after sentencing." This is the first case to proceed in court by way of trial rather than being resolved by way of plea, since the inception of the Crown Office and Procurator Fiscal Service (COPFS) Health and Safety Division. The (COPFS) is responsible for the prosecution of crime in Scotland, the investigation of sudden or suspicious deaths, and the investigation of complaints against the police. Speaking after the case, Elaine Taylor, head of the COPFS Health and Safety Division, said: "On 26 April 2007 James Kelly went to work and as a result of failings by his employer and the principal contractor on site, he never returned home. He left a family devastated by their loss. “The incident that led to Mr Kelly's death was entirely avoidable had the two accused met their statutory health and safety obligations. “Our Health and Safety Division is fully committed to prosecute those in breach of health and safety legislation where it is in the public interest to do so. “By building on our existing expertise and through enhanced working relationships with the Health and Safety Executive and other enforcing authorities, the Division is able to deal with the complex issues that can arise in cases such as this. “Our thoughts today are with the family of James Kelly." Following the case involving the fall from scaffold tower, HSE Principal Inspector Iain Brodie said: "Companies working at height should ensure scaffolding is correctly erected, safe to use and properly checked and maintained. "Where building materials are to be transferred into loading towers on scaffolding there should be a realistic safe system of work for workers to follow. They should be given information, instruction, training, and be adequately supervised. "If these companies had taken these steps, then James Kelly might be alive today.” No-one was available for comment at Stirling Stone.

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