University of Birmingham death fall firm ordered to pay £306k
A construction firm has been hit with a £306,000 bill after a man died and another was seriously injured in falls at a building project in Birmingham. Work was taking place on the new engineering hall at the University of Birmingham when tragedy struck on Tuesday, January 7, 2020.
Igor Malka and a second contractor, Edmund Vispulskis, had been on a scissor lift while installing cladding during the construction of the new hall, a National Buried Infrastructure Facility, at the education site. The pair, from Lithuania, fell around ten metres when the lift was pushed over by a nearby crane.
Father-of-three, Mr Malka, 62, from West Bromwich, died as a result of the fall at the Edgbaston Park Road site. He suffered injuries to his chest and stomach and despite emergency treatment, he went into cardiac arrest on the way to hospital and was pronounced dead shortly after arrival at Queen Elizabeth Hospital.
READ MORE: Dad who fell 30ft at University of Birmingham died in accident, inquest decides
Mr Vispulskis, originally from Russia, sustained injuries to his spine and broken ribs, before spending seven weeks in a neck brace. He also required pins to be inserted in his pelvis and thigh.
Speaking on behalf of her family, Mr Malka’s daughter Julija said: “He was a very kind man, very well-liked and well-respected by everybody who knew him. He had a great sense of humour and was a real hard worker - all of his family are so very proud of him.
“During all his life Igor was very good husband, and always cared deeply about his beloved family. That is why he decided to move to England, to look for better opportunities to find a good job and be able to take better care of us all.”
Balfour Beatty was the principal contractor while the new hall was being built. The crane was being used to move hydraulic equipment that had been delivered by a lorry. That equipment was set to be installed at the hall.
The Health and Safety Executive found the incident ‘could have been prevented had Balfour Beatty implemented better controls and put in place better communication between contractors’. One set of contractors were at the site moving the hydraulic units into place with the overhead travelling gantry crane, and another team was installing internal cladding.
The HSE said: “Balfour Beatty, as principal contractor on site, 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.”
Balfour Beatty, of Churchill Place, Canary Wharf in 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 Monday, September 16.
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.”
This HSE prosecution was brought by HSE enforcement lawyer Andy Siddall and supported by HSE paralegal officer Helen Jacob. The University of Birmingham was not prosecuted by HSE.