A Leicestershire-based construction firm has been fined after police watched workers throw sacks of rubble out of a fifth floor window.

J A Ball Ltd, of Property Court, Telford Way, Stephenson Industrial Estate, Coalville admitted breaching of Regulation 4(1) of the Work at Height Regulations 2005.

It was fined £13,000 with £1,182 in costs.

Leicester Magistrates' Court was told the company had been contracted to refurbish former office space into flats at Allied Place, 44 Abbey Street in Leicester.

Police alerted the Health and Safety Executive (HSE) after witnessing debris being launched out of the fifth floor to a flat roof several metres below,

HSE Inspectors arrived at the site and witnessed the activity first hand on 02 October 2014.

After a further investigation, HSE prosecuted the firm.

The court heard company director Adam Ball decided soft stripping work should begin and walked the site with a worker who was not a site manager while issuing instructions.


Mr Ball had not ensured a refurbishment and demolition asbestos survey had been carried out on the site before work commenced. No paperwork was given to the worker regarding the methods to be used to carry out this work.

In addition, no risk assessments or site paperwork was given to the employee and no site file existed.

The work generated a 'substantial' amount of waste, which was placed into the rubble bags. These were initially taken down the stairs and dragged across the flat roof, eventually being thrown over the edge into the skip at ground level.

However, the roof had a number of unprotected fragile roof lights across it with no edge protection.

Mr Ball's employees eventually decided it would be quicker to simply throw the rubble bags out of the window while they were working on the fifth floor.

The court was told by HSE Mr Ball had arranged for work to begin on a site without ensuring that the proper procedures had been followed, and that all workers had been given adequate information.

He also incorrectly assumed his employee was competent enough to manage the project.

HSE inspector Sarah Hill said: "It's completely unacceptable for anyone to work at open edges with no fall protection As you can see from the pictures, there was a possibility of a fall, the consequences of which could have led to people being seriously injured or killed. Additionally there were real concerns for public safety from falling materials.

"Work on refurbishment projects needs to be properly planned, and all management procedures put in place before any work activity commences."

(LM/MH)