A major construction company has been fined after a devastating incident at the University of Birmingham, where a 62-year-old worker tragically lost his life, and another sustained serious injuries during the construction of a new engineering facility. The accident at work, which occurred on 7 January 2020, led to a court ruling and substantial penalties for the contractor involved.
The Health and Safety Executive (HSE) investigated the incident, focusing on Balfour Beatty, the principal contractor overseeing the construction of the National Buried Infrastructure Facility at the university. On 16 September 2024, Balfour Beatty was fined £285,000 by Birmingham Crown Court after pleading guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations (LOLER) 1998. Additionally, the company was ordered to pay £21,768.88 in legal costs.
The accident unfolded when two contractors, Igor Malka, aged 62, and Edmund Vispulskis, were operating a scissor lift while installing cladding on the new facility. During this time, a crane, which was being used to move hydraulic equipment into the building, caused the scissor lift to tip over. Both men fell from a height of approximately 10 metres.
Sadly, Mr. Malka did not survive the fall, while Mr. Vispulskis sustained severe injuries, including spinal damage, broken ribs, and fractures that required pins in his pelvis and thigh. He spent several weeks recovering in a neck brace and continues to experience complications from the incident.
HSE’s investigation concluded that the tragic accident could have been prevented if Balfour Beatty had implemented stricter health and safety controls and ensured clearer communication between the teams working on-site. Specifically, there were issues surrounding the use of the overhead gantry crane by one team while another team was installing internal cladding in close proximity. Notably, there was no lift supervisor present at the time of the accident, which significantly contributed to the risks involved.
HSE inspector Gareth Langston commented on the case, saying, “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.”
Balfour Beatty’s failure to uphold proper safety procedures highlights the importance of communication and coordination between contractors on construction sites, particularly during lifting operations. The HSE has reiterated the necessity for companies to follow the Lifting Operations and Lifting Equipment Regulations (LOLER), which provide comprehensive guidance on safely managing lifting operations.
This case serves as a stark reminder of the importance of rigorous safety practices in construction. The University of Birmingham was not prosecuted as part of this investigation, with full responsibility resting on Balfour Beatty as the principal contractor.
HSE enforcement lawyer Andy Siddall and HSE paralegal officer Helen Jacob supported the prosecution, ensuring accountability in this tragic case.
The Workers Union says…
“This tragic incident emphasizes the crucial need for companies to implement robust safety measures and ensure clear communication between teams to avoid preventable accidents on construction sites.”
