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March/April 2023 issue

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News

Construction boss jailed for 14 months over London balcony deaths

Open-access content Tuesday 11th July 2017
From the archive:  Just so you know, this article is more than 3 years old.

Martin Gutaj has been sentenced to 14 months in prison and disqualified from being a company director for four years. He was found guilty of breaching s 2(1) of the Health and Safety at Work (HSW) Act at the Old Bailey in London on 19 May.

Gutaj's company, Martinisation London, has been fined £1.2m after it was previously convicted of two counts of corporate manslaughter and two breaches of s 2(1) of the HSW Act.

Polish nationals Tomasz Procko, 22, and Kyrol Szymanski, 29, were part of a team of construction workers that was renovating the flat in Cadogan Square, Belgravia.

On 21 November 2014, five workmen used a rope to lift the 115 kg sofa up from the pavement and over a balustrade into the first-floor dwelling because it was too big to be carried up the stairs.

The 130-year-old balcony railings gave way while the furniture was being manoeuvred into the premises and both men fell. Procko was pronounced dead at the scene; Szymanski was taken to a central London hospital in a critical condition but died a short while later.

The workers had not been provided with a plan, risk assessment or method statement for the lifting work. Advice from a reputable lifting company on how to carry out the process safely was ignored due to time constraints as the project was behind schedule by the time the sofa was delivered.

The BBC reported that the couch could have been safely transported into the flat in an elevator that would have cost £848 but Gutaj rejected the recommendation because his workers "do not have time for all that". The company's annual turnover was £9.7m before it went into liquidation in August 2016.

Nick Vamos from the Crown Prosecution Service said previously that Gutaj had "showed an appalling disregard for the safety of employees, with terrible consequences. The evidence put forward by the prosecution clearly demonstrated to the jury how these tragic deaths were part of a pattern of serious neglect of basic health and safety."

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Monday 26th June 2017
Weymouth Magistrates’ Court was told that employees of Carter Training had been using a mobile crane to lift a stillage of 500 2 kg fittings on a building site in Dorchester, Dorset.The container turned on its side and the contents emptied on to staff working directly below. The Health and Safety Executive (HSE) said that lifting equipment directly above contractors had put them at risk of harm. The victim, 44, sustained two fractures to her left shoulder blade, a fracture to her left collar bone, a cut to the back of her head and bruising.
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 Devon builder fined for fragile roof fall

Thursday 13th July 2017
Taunton Magistrates’ Court heard this week that 26-year-old Ryan Sartin was repairing a roof at Home Farm, Shepton Beauchamp in Somerset on 23 June 2016 when the incident happened.T Broom Construction of Pine Park Road, Honiton, Devon pleaded guilty to breaching reg 4 (1) of the Work at Height Regulations 2005. It was also ordered to pay costs of £1,016.
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 Irish engineers fined €750,000 for unsafe lift pit

Friday 7th July 2017
On 2 March, Tralee Circuit Criminal Court heard that Ellickson Engineering’s installation for the refuge space safety system in the inspection pit at the bottom of the lift shaft failed to include critical components required to ensure a safe minimum space between the base of the lift and the pit. The lift could have crushed anyone in the pit carrying out maintenance work.The omission came to light when the Health and Safety Authority (HSA) investigated a lift failure on 9 July 2011 that dropped five hotel guests about 5.85 m to the hotel’s basement level.
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 Developer’s CDM breach left worker paralysed

Monday 17th July 2017
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Zero C Holdings was the principal contractor for the building project, which involved the construction of two steel-framed buildings at Queen Mother Square in Poundbury, Dorchester. Carter Training, part of the Carter plant hire group, had been contracted to carry out the lifting work. On 9 June 2015 six stonemasons who were contracted to Zero C, including Sarah Klopper, 44, were pointing brickwork on one of the buildings on a scaffold 10.5 m above the ground.
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 Singapore government takes action to reduce 'worrying' workplace transport accidents

Wednesday 28th June 2017
The ministry said incidents involving vehicles were the most common cause of worker deaths. From January to May this year, 287 workers were injured in such accidents, six of them fatally. More than 250 workplace inspections will now take place over the next eight weeks in an enforcement crackdown named “Operations Roadrunner”. The MOM said that during the first five months of the year it inspected traffic management systems at more than 400 construction sites, storage yards, warehouses and factories. One in five visits uncovered poor practices.
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  Morrisons’ £3.5m fine is ‘a warning to all employers’, says council

Friday 24th March 2023
Morrisons supermarket has been fined £3.5 million for failing to ensure the health and safety of an epileptic employee who died after falling from a shop stairway.
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 IOSH launches new five-year strategy

Tuesday 21st March 2023
IOSH launches its new five-year strategy this spring. It will build and act on the reshaped purpose and ambition gained during WORK 2022, which ran from 2017 to 2022.
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 Risk & Compliance software provider collaborates with HSE and Costain to improve risk management on worksites

Friday 17th March 2023
A Belfast-based Risk & Compliance software provider has been collaborating with the Health and Safety Executive (HSE) and construction giant Costain as part of an ongoing project to unlock artificial intelligence’s (AI) potential in improving the management of risks on worksites.
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Friday 17th March 2023
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 Musculoskeletal disorders in construction

Thursday 2nd March 2023
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 Principal contractor handed £146k fine for fatal excavator crush goes into liquidation

Tuesday 14th February 2023
Birch Brothers (Kidderminster) Ltd was the principal contractor on a construction project in Derbyshire that was building a concrete overflow weir structure on the site. The Midlands firm had brought in steel fixers and joiners to undertake the work.
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 Food and drink sector conference 2018

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 Dyson lands £1.2m fine after worker escapes more serious injuries

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 Life-changing one tonne load fall results in £95,000 fine

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We spoke to Health and Safety Executive (HSE) inspector Andrew Johnson about a case where a one-tonne pallet of glass fell on a United Pallet Network (UK) Limited’s employee, causing life-changing injuries.
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  Inadequate supervision on night shift led to fatality at dock

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A cargo firm has been ordered to pay £200,000 after an employee was crushed between two shipping containers.
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 ‘Lift shaft’ fall lands landlord with 12 months in prison

Tuesday 23rd August 2022
We speak to HSE Inspector Andy McGrory about how a difficult investigation into a rudimentary ‘lift shaft’ fall eventually put a 78-year-old landlord in jail for a year.
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