Construction bosses jailed after roofer fell to his death

The 60-year-old was working as a contractor in Hove at the time of the incident

Author: Ryan BurrowsPublished 8th Jun 2022

Two construction company bosses have been jailed for health and safety failings that resulted in a worker falling to his death at a building site in Hove.

60-year-old roofer Graham Tester fell two storeys from a ladder at a building site in Brunswick Street West on July 27th, 2018, while working as a contractor for the company Southern Asphalt Ltd.

The ladder had been secured with only two nails hammered into a timber frame on either side.

An inspection from the HSE found multiple safety failings, including no scaffolding or barriers to protect those working at height.

Steven Wenham (pictured right), 48, of Charlotte Street in Brighton, was sentenced to five years in prison at Lewes Crown Court on Tuesday (June 7th), after previously pleading not guilty to manslaughter by gross negligence.

Both he and his company Total Contractor’s Ltd were also found guilty of two offences under the Health and Safety at Work Act regarding failure to properly safeguard against serious injury or death from a fall from height.

Total Contractor's was fined ÂŁ190,000 and ordered to pay ÂŁ30,000 costs and a ÂŁ170 victim surcharge.

Wenham was also disqualified from being a company director for ten years.

John Spiller, 52, of Fishersgate Close in Portslade, was jailed for 15 months after being found not guilty of manslaughter, but guilty of the same two health and safety offences as Wenham.

His roofing company, Southern Asphalt Ltd, also pleaded guilty to the same offence.

The company was fined ÂŁ120,000 and ordered to pay costs of ÂŁ20,000 and a victim surcharge of ÂŁ170.

Detective Inspector James Meanwell of Sussex Police said:

“The severity of these custodial sentences demonstrate the seriousness of employers failing in their duty of care to their employees.

“Graham Tester’s death was an avoidable tragedy that has had a devastating impact on his family and friends.

“These sentences should serve as a warning to all employers that you are responsible for the safety of your employees and will face the consequences of a failure to adhere to those responsibilities.”

Hear all the latest news from across the UK on the hour, every hour, on Greatest Hits Radio on DAB, smartspeaker, at greatesthitsradio.co.uk, and on the Rayo app.