Two companies fined after fatality in Brentford

Date:

7 February 2012

Release No:

COILON/07-02

Two construction companies have been fined a total of £65,000 after a man was killed when a steel beam weighing more than a tonne fell on him while it was being unloaded from a lorry.

Fisher Engineering Ltd and CM Structural Services Ltd had pleaded guilty at an earlier hearing to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 over the June 2008 incident.

The Health and Safety Executive (HSE) announced its intention to prosecute the two companies as a result of the incident which resulted in the death of a French national Hugues Makambila, 35 who was working as a cleaner on the construction site at Harlequin Avenue, Brentford.

On the morning of 5 June 2008, a lorry load of steel beams arrived on site and parked adjacent to a pedestrian walkway in an area not designated for unloading.

An HSE investigation found that a company director of CM Structural Services Ltd had noticed a steel beam was hanging over the right side of the lorry, but no measures were taken to restrain the load or to prevent the beam from falling.

CM Structural Services Ltd began unloading the steel using a forklift truck but it did not put any measures into place to prevent people walking down the pavement nor did it put up any signs warning people that unloading was taking place.

During unloading, a steel beam weighing 1.382 tonnes fell from the lorry onto the pedestrian walkway and onto Mr Makambila, from Bordeaux, who was on the pedestrian walkway of the site. He died instantly.

Fisher Engineering Ltd was responsible for the manufacture, delivery and installation of the structural steelwork. In turn Fisher Engineering had contracted CM Structural Services Ltd to erect the steelwork.

Fisher Engineering Ltd, of Ballinamallard, Enniskillen, Northern Ireland was fined £50,000 and ordered to pay costs of £16,595. CM Structural Services Ltd, of Killynure Road, Carryduff, Northern Ireland was fined £15,000 and ordered to pay costs of £12,692.

Speaking after today's sentencing hearing at the Old Bailey, Inspector Lisa Chappell said:

"This tragic incident was easily preventable. The risks involved in the handling and delivery of steel stock are well known to those in the industry.

"Appropriate measures to control these hazards should have been in place, including ensuring there is effective communication between the duty holders responsible for planning and managing deliveries, inspecting deliveries upon arrival and providing a clearly defined exclusion zone where unloading can be carried out safely.

"These measures are neither costly nor time consuming, yet the failures of the companies involved in this incident contributed to the death of a respected worker whose family continues to grieve the loss of a son, brother and husband."

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Section 3(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."
3. Information on risk assessments can be found at: http://www.hse.gov.uk/risk/casestudies/index.htm

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