14 months jail sentence handed to Construction boss

What happened?

Back on the 21st November 2014, 5 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 moved into the premises when both men fell. Two Polish Nationals devastatingly lost their lives as a result of the incident.

Where did it happen?

Construction site in Cadogan Square.

Why did it happen?

During the course of the day the men were asked to perform a lifting operation at height without supervision or the requisite training.

The men were not provided with a plan, method statement or risk assessment prior to the task being undertaken, thereby exposing them to the risk of serious harm. The expectation was for the workmen to use a rope to haul a sofa over a balustrade and into a first floor apartment.

Advice from an experienced and reputable lifting company on how to carry out the process safely was ignored due to time and budgetary constraints.

What was the courts judgement?

Martin Gutaj was found guilty of two counts of failure to discharge a duty to ensure the health, safety and welfare of employees, contrary to section 33 (1) and section 71 (1) of the Health and Safety at Work etc Act 1974.

Martinisation London Ltd was found guilty of two counts of corporate manslaughter, contrary to section 1 (1) of the Corporate Manslaughter and Corporate Homicide Act 2007 and two counts of failure to discharge a duty to ensure the health, safety and welfare of employees, contrary to section 33 (1) and section 71 (1) of the Health and Safety at Work etc Act 1974.

The company was fined £2.4m (£1.2m for each death) and £650,000 for breaches of Health and Safety Regulations. 

What could have been done to prevent it?

Martin Gulaj had the responsibility to properly risk assess and provide safe systems to work to his staff for the task carried out. Martin had the option to take the advice of a competent person on how to carry out the lift safely. The process should have included the following:

• Training to the staff carrying out the task (Consideration given to possible language barriers)
• Risk assessment for the activity (Ensuring staff can read and understand the content)
• Lifting Plan and safe systems of work (Ensuring staff can read and understand the content)

Don’t let time and budgetary constraints become your excuse!