Allied Domecq ordered to pay £276k after worker Robert Rogers died in a fall through a skylight at Dover warehouse
Published: 15:40, 18 June 2013
The widow of a Folkestone man who plunged six metres to his death has spoken for the first time of his tragic death at work.
Bob Rogers, 61, died after falling through a fragile skylight at a Dover bonded warehouse in November 2010.
Now a top drinks giant has been fined more than a quarter of a million pounds for Health and Safety breaches which led to his death.
Mr Roger’s widow, Jennifer said, in a statement: “The shock and suddenness of Bob’s death significantly affected me. I was in a daze for a long time and still find I’m in a daze now sometimes.
“His death was just after my birthday and near Christmas and I found it difficult to face Christmas without him. I feel lost without him and do struggle. I miss him terribly.
“My life is empty now without my lifelong companion by my side. He was mysoulmate – we did everything together.”
The grandfather of nine – who was working with brother Trevor clearing the gutters and fixing a leak – later died from his injuries after hitting the concret floor.
Now the company which employed him, Ovenden Engineering and Allied Domecq which owned the warehouse, have admitted breaches of health and safety rules.
Ovenden’s owner Richard Parker, of Dover Road Folkestone was fined £26,667 and ordered to pay £4,000 costs.
The judge heard that brother Trevor was still working with the struggling Folkestone company – and the judge said he did not wish to impose a fine so high it would put Mr Parker out of business “and so deprive Trevor Rogers of his job”.
The major drinks wholesaler was fined £266,667 and told to pay £10,000 costs within a month.
Judge James O’Mahony took the unusual step of asking the 20 lawyers, journalists and members of Mr Rogers' family to observe a minute’s silence before the hearing in Court Five at Canterbury Crown Court.
He said later: “In the scheme of things the court can do very little. How one wishes we could turn back time but it can’t.”
The judge added: “No sentence of any kind is to be regarded as the court or society’s view of the life lost. Life is not capable of valuation. All the court can do is impose a just sentence, in the circumstances before it.”
The court heard how the Rogers brothers worked for Ovenden doing regular work cleaning gutters and mending leaks at a Allied Domecq-owned , CGHibbert, at its bonded warehouse in Channel View Road, Dover.
That required them climbing onto the roof – but the court heard they were not given the proper equipment to carry out the work.
"No sentence of any kind is to be regarded as the court or society’s view of the life lost. Life is not capable of valuation" - Judge James O'Mahony
The judge said the eight-metre high roof was made of corrugated asbestos panels which were fragile along with skylights.
Yet neither of the brothers – who had to travel a significant distance –was given the proper crawling boards despite the dangers “being blindingly obvious as a matter of common sense”.
Neither was Mr Parker present when the routine work was being carried out but the judge said: “In my judgement he should have been there.”
The boss said he had been "devastated" at the tragedy because Mr Rogers had not just been an employee but also a friend.
Judge O’Mahony also criticised Allied Domecq, which admitted that the running of the warehouse had “slipped under the radar”.
But he said: “What happened here was the left hand did not know what the right hand was doing.”
Allied Domesq had responsibility for the site and should have ensured contractors planned their work to ensure it was done safely.
After the hearing Health and Safety Executive inspector Guy Widdowson said: “This is a tragic case in which a devoted husband and father and grandfather lost his life at work.
“It is sickening that such incidents happen despite the widespread industry knowledge of the risks of working at height and on fragile roofs with equally fragile skylights.
“His death was entirely preventable.”
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Paul Hooper