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Boss of PV Solar ordered workers to continue after Hawkinge colleague's roof fall

By: Keith Hunt

Published: 16:00, 21 March 2016

Updated: 16:47, 21 March 2016

One of the bosses of a solar panel company ordered staff to carry on working..even though one of the team had plunged through a roof in Hawkinge, a court has heard.

Now a judge – who has slapped a £153,000 fine on the company – said the order from area manager Peter Brock was a “strange reaction”.

Roofer Andrew Davies had fallen five metres through the barn roof while replacing solar panels, smashing his shinbone and suffering a compressed fracture of his fifth vertebra.

Solar panel firm PV Solar was fined after a worker was injured

But Canterbury Crown Court heard that as ambulancemen took away the seriously injured roofer, Mr Brock ordered the remaining workers to complete the work.

Judge James O’Mahony said: “Surprisingly, to say the least, Mr Brock, instead of calling the work off - at least as a humane reaction - instructed them to complete the work on the property.”

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Mr Davies was unable to work for 18 months following the incident in April 2013 and is still suffering from his injuries – including being unable to play football with his son.

Cumbernauld-based PV Solar – which admitted three breaches of Health and Safety regulations, was ordered to pay the fine and £29,480 costs within two years.

The judge told them that the accident had been foreseeable and a job-specific risk assessment had not been carried out.

The court heard how the 18m by 12m barn –which housed a swimming pool – had been fitted with solar panels.

Prosecutor Matthew Butt said the homeowner had problems and a team had arrived to replace the panels.

“No scaffolding had been provided for the work and Mr Davies described the tower scaffold unsuitable because old solar panels could not be passed down through the hatch.

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“Mr Davies had never worked on a corrugated asbestos roof before whole working for PV Solar and did not know of any company method for working on such roofs, “ he added.

The prosecutor said the worker “recognised the roof could be fragile” but was told it was safe as a previous installation team had worked on it.

“Shortly before 8.30am, as a third or fourth panel was being removed, the roof gave way beneath Mr Davies with a cracking noise, “ said Mr Butt.

His Honour Judge James O'Mahony.

A colleague, Darren Pitcher watched helplessly as Mr Davies fell through one of the skylights and landed close to the edge of the swimming pool five metres below.

“As a result he sustained a four inch fracture of his shinbone, a compressed fracture of his fifth vertebra before falling into the swimming pool.

“Once the accident was reported to PV Solar, the workers were NOT instructed to suspend work on site – and therefore they completed the job.

Mr Butt added: “He has found his reduced circumstances extremely difficult to manage and this has had a profound effect upon him and his family.

“He takes painkillers every day and is unable to enjoy normal family activities such as playing football with his son.”

Mr Butt, prosecuting on behalf of the Health and Safety Executive, said the equipment given by PV Solar to its workers meant they couldn’t carry out the work safely.

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