An employer yesterday received a suspended prison sentence after a court ruled he did not take adequate steps to protect a construction worker who fell a height of two storeys.
Magistrate Carol Peralta heard that Salvu Aquilina had been standing on a plank of wood tied to two lengths of rope, when one of them snapped and he fell some 10 metres, suffering serious hip injuries.
The accident happened at a block of flats in Gudja on April 15, 2008, at about 7.30am.
Court expert and architect Richard Aquilina noted the 2.5cm-thick rope was frayed on one side.
He reported the rope had been kept in damp conditions, which caused it to deteriorate.
Mr Aquilina, who was sanding down a wall of a block of flats, was not wearing a safety harness.
The magistrate ruled employer Manwel Cutajar was responsible for what had caused Mr Aquilina’s serious injuries.
He said that in today’s world there were much safer practices – such as scaffolding or a hi-up truck – to undertake such a job.
Although not formalised, the court established there was an employer-employee relationship between the men that rendered Mr Cutajar responsible for what had happened.
While it was true that an antiquated roping...
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