A major construction company has been fined £285,000 after a “tragic incident” led to the death of one worker and seriously injured another.
Balfour Beatty were prosecuted by the Health and Safety Executive (HSE) for health and safety failings which led to the incident during the construction of a new engineering hall at the University of Birmingham on 7th January 2020.
Balfour Beatty were the Principal Contractor for the build of the new National Buried Infrastructure Facility at the university.
Igor Malka and Edmund Vispulskis were two contractors from Lithuania working on the site. They had been in a scissor lift to install cladding during construction of the university building, when the lift was pushed over by a nearby crane, causing them to fall approximately 10 metres.
The fall cost Mr Malka, who was aged 62, his life, while Mr Vispulskis sustained injuries to his spine and broken ribs. He spent 7 weeks in a neck brace and required pins to be inserted in his pelvis and thigh.
A subsequent investigation by the HSE found that the fatal incident could have been prevented if Balfour Beatty had implemented better controls and better communication between contractors. As the Principal Contractor, Balfour Beatty had a duty to ensure communication and cooperation between the other contractors working on site.
HSE inspectors also found that there was no lift supervisor present at the time of the incident.
The company attended Birmingham Crown Court in September of this year, where they pleaded guilty to breaching the Lifting Operations and Lifting Equipment Regulations (LOLER) 1998. In addition to their £285,000 fine, they were ordered to pay £21,768.88 in prosecution costs.
The HSE did not prosecute the University of Birmingham in relation to the incident.
Commenting on the case, HSE Inspector Gareth Langston said it was a “tragic incident” that had proved fatal for one worker while leaving another “seriously injured and still experiencing difficulties today as a result.”
He added: “Lifting operations must be properly controlled – they must be planned, with plans adhered to.”
Britain’s health and safety watchdog provides information and guidance for following LOLER on their website.
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