Construction firm fined as worker loses life and another injured

Construction firm fined as worker loses life and another injured resulting in sentencing. A 62-year-old worker falls 10 metres to the ground and dies during construction of a new university facility.

The Health and Safety Executive (HSE) investigates the fall, subsequently prosecuting Balfour Beatty and fining £285,000 on Monday 16 September.

Igor Malka and a second contractor, Edmund Vispulskis, are in a scissor lift while installing cladding. A new engineering hall was being constructed at the University of Birmingham on 7 January 2020.

The pair, from Lithuania, fell approximately 10 metres when their scissor lift is pushed over by a nearby crane.

This leads to Mr Malka losing his life and Mr Vispulskis sustaining injuries to his spine as well as broken ribs and spending seven weeks in a neck brace. Mr Vispulskis also required pins to be inserted in his pelvis and thigh.

Balfour Beatty had been the principal contractor while the National Buried Infrastructure Facility was being built at the university.

Incident during installation of Equipment

The crane was being used to move hydraulic equipment, delivered by a lorry. The equipment was set to be installed at the facility.

The HSE investigation finds the incident could have been prevented.  Balfour Beatty could implement better controls and put in place better communication between contractors. There were contractors at the site that were moving the hydraulic units into place with the overhead travelling gantry crane, and another team who were installing internal cladding.

Balfour Beatty, as principal contractor on site, has a duty to ensure communication and co-operation between these contractors. There was also no lift supervisor present at the time of the incident.

The University of Birmingham was not prosecuted by HSE.

Tip: HSE guidance can be found at Lifting Operations and Lifting Equipment Regulations (LOLER) (hse.gov.uk)

Company guilty of breaching regulations resulting in Fine

Balfour Beatty, of Canary Wharf, London, pleads guilty to breaching the Lifting Operations and Lifting Equipment Regulations. The company is fined £285,000 and ordered to pay £21,768.88 in costs at Birmingham Crown Court on 16 September 2024.

HSE inspector Gareth Langston said: “This is a tragic incident that led to the death of a worker with another being seriously injured and still experiencing difficulties today as a result.”

“Lifting operations must be properly controlled – they must be planned, with plans adhered to.”

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