M & W Tarmacadam Contractor Ltd, of Main Street, Stavely, Kendal was fined £10,000 after pleading guilty to breaching Regulation 4 of the Work at Height Regulations 2005 at Dumfries Sheriff Court on Wednesday, 22 November.

The Court heard how Darren Mundell, an employee of the company, was standing on the bonnet of the tar laying machine to cut the branches of overhanging trees at the Arkleton Estate, Langholm on 07 November 2016.

However, he lost his balance and fell from the bonnet into the tar hopper. Mr Mundell’s injuries included a fractured back and damaged spinal cord causing permanent paralysis from the waist down.

A Health and Safety Executive (HSE) investigation found that M & W Tarmacadam Contractors failed to plan the task of cutting the overhanging branches and this resulted in Mr Mundell using the bonnet of the tar laying machine which was not a safe place to work.

Speaking after the hearing, HSE inspector Kirstin Lynchahon said: “M & W’s failings resulted in serious and life changing injuries which could have easily been prevented had the company planned the work at height. Planning the branch cutting activity would have included an assessment of the risks and either avoidance of working at height using long reach tools or measures being put in place to prevent a fall.

“Work at height is the biggest single cause of fatal and serious injury in the construction industry, particularly on small projects.”