Charges were brought after a scissor lift carrying two men was knocked over by an overhead crane during the construction of a new engineering hall at the University of Birmingham on 7th January 2020.
Igor Malka and Edmund Vispulskis, both from Lithuania, were working from an elevated scissor lift to install cladding when the machine toppled, sending them 10 metres to the ground.
Igor Malka, 62, was killed. Edmund Vispulskis 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.
The crane was being used to move hydraulic equipment that had been delivered by a lorry for the project.
Balfour Beatty had been the principal contractor while the National Buried Infrastructure Facility was being built at the university.
The Health & Safety Executive HSE investigated and found that the incident could have been prevented had Balfour Beatty implemented better controls and put in place better communication between contractors. There were contractors at the site that were moving the hydraulic units into place with the overhead travelling gantry crane, and another team that was installing internal cladding. 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.
The University of Birmingham was not prosecuted by HSE.
Balfour Beatty pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998. It was fined £285,000 and ordered to pay £21,768.88 in costs at Birmingham Crown Court on 16th September 2024.
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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