Construction firm admits health and safety breach led to Glasgow cherry picker fall
McTaggart Construction didn't follow its own procedures when roofer Aedan Brown fell 15 feet onto a pavement in Castlemilk in 2022
A construction firm has admitted to a health and safety breach that led to one of its workers suffering 'life-changing' injuries, when he fell from a cherry picker in Glasgow.
Roofer Aedan Brown landed on a car roof before hitting the pavement in Castlemilk on February 4 2022, after a double decker bus hit the MEWP cherry picker he was working on.
Glasgow Sheriff Court heard Mr Brown was not wearing a safety harness at the time, and road barriers which should have surrounded the cherry picker were also not in place.
Mr Brown was left with "life changing" injuries
27-year-old Mr Brown suffered a string of "life changing" injuries including extensive fractures to his pelvis and right hip.
He also sustained a collapsed left lung and a fractured right wrist which left him in a cast.
The victim has also not worked since the day of the incident and suffers from PTSD.
On Thursday McTaggart Construction Limited pleaded guilty at Glasgow Sheriff Court to failing to plan, manage and monitor the construction phase and coordinate matters relating to health and safety during the construction phase.
The award winning Ayrshire based firm - who had a year end profit in 2023 of £5.2 million - hired the company Mr Brown worked for to do cladding repair work to flats.
Barriers which should have been in place were not put down
The court heard that on the day of the incident, a manager at McTaggart's spoke to cherry picker operator Leon Chalmers about putting barriers nearby however this was not done.
Mr Brown and Mr Chalmers went up into the basket do the work while they were not wearing body harnesses or safety lanyards.
Prosecutor Saud Ul-hassan said: "The basket they were working in is estimated to have been 15 feet above the ground.
"Before 12pm, the near side of a double decker 75 First bus struck the knuckle part of the MEWP that was protruding over the near side lane of the road.
"The force of the collision lifted the cherry picker on its two rear wheels momentarily and caused the boom to strike the nearby lamppost.
"Mr Brown was thrown from the basket and fell on the roof of a parked car"
"Mr Brown was thrown from the basket and fell on the roof of a parked car and then fell to the pavement."
Mr Chalmers meantime was also thrown by the impact of the collision but remained in the basket.
Mr Brown - who was stated to have fallen was taken to hospital for treatment where he remained for two weeks.
Mr Ul-Hassan said: "He has not worked since the incident and is not hopeful of returning to the same field due to the physical nature of it.
An investigation carried out concluded that McTaggart Construction didn't follow their own procedures in terms of safety measures associated with controlling the cherry picker.
Since the incident, the company conducted a string of changes including a review of policy procedures and documents as well as reforming all documents.
A formal procedure related to the use of the cherry picker has also taken place.
Barry Smith KC, defending, told the court: “Those associated with McTaggart Construction express regret that this was a terrible incident in particular that it caused serious injuries to Mr Brown.
Court hears incident wouldn't have happened if measures had been in place
“Full PPE should have been worn. The operator embarked with Mr Brown when he ought to have known that it was fundamental for operating such equipment.
“The court will note that McTaggarts had in place full safety measures which the investigation stated had they been followed, the incident would not have occurred.”
Sheriff Iain Fleming deferred sentence until later this month to consider submissions.
He said: "I express the court's sympathy to Mr Brown. Through no fault of yours, you suffered life changing injuries.
"You should not go to your work and then be in hospital for serious injuries.
"Nothing I can do can bring Mr Brown to good health.
"What this court can and must do is select an appropriate sentence which will punish the offender as well as express society's disapproval of this type of behaviour.
"It is vital that everyone learns from this tragic mistake."
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