The boss of a construction company has been convicted of the manslaughter of a contractor who died after falling two storeys on a building site.

Graham Tester died when he fell from height at a building site in July 2018 after a ladder was not secured properly.

Steven Wenham was found guilty of gross negligence manslaughter and his company Total Contractor’s Ltd was convicted of breaking two health and safety laws over the accident.

Another building firm boss, John Spiller, who runs roofing company, Southern Asphalt Ltd, was found not guilty of manslaughter, but convicted of a health and safety charge for failing to properly safeguard against serious injury of death from a fall from height.

Mr Tester was working as a roofer sub-contracted by Southern Asphalt when he fell two storeys from a ladder. The ladder he was using was found to have only been secured with 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 a height.

The law on work at height requires that you take account of your risk assessment in organising and planning work and identifying the precautions required. Your objective is to make sure work at height is properly planned, supervised and carried out in a safe manner.

The following approach should be adopted for working at height:

• Avoid work at height where it reasonably practicable to do so, e.g. by assembly at ground level.
• Prevent any person falling a distance liable to cause personal injury, e.g. by using a scaffold platform with guard rails and toe boards.
• Arrest a fall with equipment to minimise the distance and consequences of a fall, e.g. safety nets, where work at height cannot be avoided or the fall prevented.

Detective Inspector James Meanwell of Sussex Police said after the conviction:

“Employers owe a duty of care to their employees. Steven Wenham and John Spiller failed in that duty – the consequences of which were Graham’s tragic death and an irreparable loss to his children and grandchildren. It is my hope that Sussex Police’s investigation and the subsequent trial were able to answer his family’s questions and offer them some measure of comfort that justice has been done.”

Wenham was found guilty of manslaughter by gross negligence, while both he and his company were also found guilty of two offences under the Health and Safety at Work etc. Act 1974 regarding failure to properly safeguard against serious injury or death from a fall from height.

Spiller was found not guilty of manslaughter, but convicted of an offence under the Health and Safety at Work etc. Act regarding a failure to properly safeguard against serious injury of death from a fall from height.

Both men have been released on bail ahead of their sentencing hearing in June.