Journalist, SHP Online

December 8, 2016

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HSE announces prosecution relating to death and serious injuries at Crossrail

The Health and Safety Executive (HSE) has yesterday (7 December) informed BAM Nuttall Limited, Ferrovial Agroman (UK) Ltd, and Keir Infrastructure and Overseas Ltd that they will be prosecuted in relation to three incidents that took place during the construction of the new Crossrail railway tunnel construction, which runs east to west across London.

All three companies will appear at Westminster’s Magistrates Court in January 2017 to face four charges, each. Two relating to the death of Rene Tka’cik on the 7 March 2014 and one each relating to injuries to Terrence Hughes on the 16 January and Alex Vizitiu on 22 January 2015.

Rene Tka’cik died after he was crushed by falling concrete on the 7 March 2014 while working on the Fisher street cross-over tunnel. An inquest into Mr Tka’cik’s death revealed that:

  • a physical barrier to demarcate the exclusion zone, in which no one should enter, was not in place at the time of Mr Tkacik’s death. He was found in the zone following the accident at Fisher Street in Holborn;
  • the definition and supervision of the exclusion zone was unclear. The lack of physical demarcation caused confusion; and
  • the translation of daily briefings took place on an ad hoc basis.

The incident involving Terrance ‘Ian’ Hughes, took place while he was working between the Bond Street and Paddington section of the tunnel on the 16 January 2015 when he was crushed by a tipper truck. He suffered severe leg injuries.

Alex Vizitiu was working in the same stretch of the tunnel on 22 January 2015. He suffered head and hip injuries when he was struck by a high pressure mixture of water and concrete during a routine operation to clean concrete lines.

HSE’s Head of Operations, Annette Hall said: “We have today informed the three contractors that they will each be prosecuted for the death of a worker and injuries sustained by two others, in three separate incidents on the construction project.

“These were all serious incidents and resulted in the death of one of their workers.

“We have concluded following thorough investigations that there is sufficient evidence to prosecute and it is in the public interest to do so.”

BAM Nuttall Limited, Ferrovial Agroman (UK) Ltd and Keir Infrastructure and Overseas Ltd will each face four charges:

  • One charge under section 2 of the Health and Safety at Work etc Act 1974.
  • One charge under section 3 of the Health and Safety at Work etc Act 1974
  • Two charges under Regulation 22 (1)(a) of the Construction (Design and Management) Regulations 2007.

All three companies will appear at Westminster’s Magistrates Court in January 2017.

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Frank Hayes
Frank Hayes

It doesn’t get any better. Three major players in the Construction Industry supported by under qualified and inexperienced safety people. What on earth is going on? I feel that in this case a custodial sentence applies here just to nip things in the bud more than anything. Crossrail site again! Hmmmm.

Ray R
Ray R

I doubt there will be a custodial sentence for any individual because finding someone who had sole responsibility for these incidents is unlikely in my experience. Crossrail is the most mismanaged project I have ever had the displeasure of working on. As usual the Client gets away with any prosecution and only the contractors are held liable.

Franky
Franky

Agree with you 100% there Ray regarding Crossrail. Merry Christmas and a Happy New year.