Terrence McCloud death: Firm fined £40K over fatal fall at building site

Ian Nicholson/PA Wire  BricklayingIan Nicholson/PA Wire

A construction firm has been fined £40,000 for safety breaches following the death of a worker who was injured in a fall at a building site.

Builder Terrence McCloud suffered head injuries in the accident at a housing development in Jordanstown, County Antrim, on 22 June 2018.

The 46-year-old fell through a gap where a stairwell was due to be built.

The firm, Nickell and Richmond Ltd, admitted four breaches of health and safety law at Belfast Crown Court.

A prosecution barrister told the court that one of Mr McCloud's colleagues witnessed the victim falling from the first floor of the building, through the unprotected stairwell gap.

"He described how the deceased tried to grab a joist to save himself but fell onto the ground, landing on his head and shoulder," the barrister said.

Mr McCloud, who was working with a team of bricklayers, fell backwards from a height of about 9ft (2.8m) onto a concrete floor.

Hazard warnings 'moved'

He was initially able to communicate and was taken to hospital, but he died six days later.

As autopsy concluded he died from head injuries sustained "in a backwards fall on a concrete floor".

The court heard that trestles and yellow hazard tape had been put in place the week before, but after the accident it became apparent they had been pushed back from the stairwell opening.

The prosecution said the company, who were the "principle contractors" on the site, should have used appropriate safety measures such as guard rails and bird cage scaffolding when working at heights.

Nickell and Richmond Ltd, based in Bangor, County Down, admitted four charges which included:

  • failing to take measures to prevent a fall
  • failing to ensure the safety of a non-employee
  • failing to assess the risks to the health and safety of a non-employee
  • failing to plan, manage and monitor the construction phase and coordinate matters relating to health and safety during the construction phase

The judge imposed a fine of £10,000 for each of the four breaches, but said: "The penalty this court can impose cannot begin to measure the life of Mr McCloud. That's quite simply impossible."

He added that after reading a statement from Mr McCloud's relatives, it was clear he was "the strength of the family" and someone they "turned to for help and relied on".

'Deepest regret'

The company was represented in court by director Steven Nickell.

Speaking after the fine was imposed, Mr Nickell said "there is not a day passes that Terry is not in our thoughts".

"Terry was a highly esteemed and popular friend and colleague, and his death has been deeply felt by all of us.

"On behalf of the directors and Terry's colleagues, I extend our heartfelt condolences to his family and express our deepest regret at what happened at our building site."

The director added that it was working closely with the Health and Safety Executive to provide a safe workplace.