Construction firm fined £258k after fatal fall from height

The construction giant Balfour Beatty has been sentenced following the death of a 62-year-old worker, who fell 10 metres from a scissor lift.

Igor Malka and his colleague Edmund Vispulskis, had been installing cladding from a scissor lift. They were brought on as contractors to work on a new engineering hall at the University of Birmingham, called the National Buried Infrastructure Facility.

On 7 January 2020, a crane was being used to move hydraulic equipment, which was set to be installed at the facility.

Other contractors at the site were moving hydraulic units into place with the overhead travelling gantry crane, while Mr Malka’s team installed internal cladding.

A lack of communication led to the crane striking the scissor lift and pushing it over. The lift was carrying Mr Malka and Mr Vispulskis, and the capsize caused them to fall 10 metres to the ground. The fall killed Mr Malka.

Meanwhile, Mr Vispulskis suffered spinal injury and broken ribs. He had to spend seven weeks in neck brace, and his pelvis and thigh required pins inserted by surgery.

The Health and Safety Executive (HSE) investigation found that, as principal contractor on site, Balfour Beatty had 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.

Balfour Beatty, of Churchill Place, Canary Wharf, London, pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998. The company was fined £285,000 and ordered to pay £21,768.88 in costs at Birmingham Crown Court on 16 September 2024.

Speaking after the hearing, HSE Inspector Gareth Langston said:

“This was 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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