A Birmingham businessman has been sentenced to 30 months in prison, after a man fell to his death from a factory roof.
Mafizur Rahman (pictured), aged 32, pleaded guilty at Birmingham Crown Court in December and has this week been sentenced for the gross negligence which led to the death of 29-year-old Tomasz Galwaz on 5 January 2015.
His main priority had been to get roof repairs done as cheaply as possible with disregard to the safety of workers – West Midlands Police
Mr Galwaz and a friend were employed by Mr Rahman in December 2014 to carry out repairs to the roof of the Al Amin warehouse in Aston owned by his brothers and father.
Mafizur Rahman Credit: West Midlands Police
The deal was carried out through an interpreter as the two men, who were Polish, spoke very little English. The interpreter later told police there were no discussions around safety procedures, personal protective equipment or risk assessments. There was also no mention of insurance.
The pair started the second of three days of work on the roof on January 5, but just hours later the roof cracked and they both fell through straight onto a concrete floor. Mr Galwaz was rushed to hospital but later died from his head injuries. The second man suffered minor injuries.
A police investigation was carried out in close partnership with the Health and Safety Executive.
Mr Rahman, of Trinity Road, Aston pleaded guilty to the charge in December and has now been sentenced to 30 months in prison for the gross negligence which led to the death of Tomasz Galwaz.
Al Amin Wholesale Limited, the company who own the buildings, also pleaded guilty to two breaches under the Health and Safety at Work Act.
The firm was also fined £144,000 and ordered to pay costs of £44,600.
A second man also arrested in January 2015 on suspicion of manslaughter was released without charge.
Det Insp Jim Munro from West Midlands Police said; “The recklessness and negligence showed by Mr Rahman in this case led directly to the death of Mr Galwaz and we are pleased the severity of this was recognised in court today.
“Rahman’s main priority was to get the job done as cheaply as possible with complete disregard for the safety of these workers – with tragic consequences. We hope this sentence sends out a message to others than health and safety is not an optional extra.”
Edward Fryer, HM Inspector of Health and Safety said, “Work on fragile roofs is extremely hazardous and requires proper planning and oversight to ensure that safety precautions are considered and implemented. In this case the client, Al Amin Wholesale Limited, did nothing to check that work on their roof would be carried out safely. As a consequence of this neglect Mafizur Rahman, who the company had tasked with arranging the roof work, acted in a way which made it almost inevitable that a fall would occur, there was simply nothing put in place to prevent it.
“Businesses have a major influence on how work is carried out on their projects, they need to take an active interest at each stage of the work and provide sufficient time and resources. Their decisions and approach have a significant impact on the health, safety and welfare of their projects. This tragedy was entirely preventable. ”
Awesome. I’m so glad that the courts are taking these breaches and deliberate neglects to another persons rights to good health and safety seriously. I hope this does send a positive and loud warning to all employers and business owners that health and safety Shold be their first thought before costs. Had this man done this he wouldn’t be in prison and having to find £144, 00 when in fact to have put safety measures in place would have only cost him a few hundred pounds and a minimum amount of documentation. Sadly this time a few hundred pounds has… Read more »
Alas, the first sentence in the article is incorrect; the person concerned hasn’t been convicted of corporate manslaughter but rather, gross negligence manslaughter, which is alluded to in the second paragraph. A small amendment could sort this out.
Apologies for this error. This information came directly from the police, but it should not have been overlooked: http://www.west-midlands.police.uk/latest-news/news.aspx?id=5326
Of course, this person cannot have been imprisoned for corporate manslaughter since this offence applies only to businesses (which cannot be put in prison). Rather, he was convicted of gross negligence manslaughter (not just ‘gross negligence’), which applies to individuals.
Apologies for this error. This information came directly from the police, but it should not have been overlooked: http://www.west-midlands.police.uk/latest-news/news.aspx?id=5326
Sorry, David . You just beat me to it!
Apologies for this error. This information came directly from the police, but it should not have been overlooked: http://www.west-midlands.police.uk/latest-news/news.aspx?id=5326
I think we’re all picking up the same error, which just goes to show how inaccurate reporting can totally destroy the worth of the article.
Correct details here: http://www.thelawpages.com/court-cases/Mafizur-Rahman-19081-1.law
Apologies for this error. This information came directly from the police, but it should not have been overlooked: http://www.west-midlands.police.uk/latest-news/news.aspx?id=5326
An individual cannot be guilty of corporate manslaughter, only a company. This defendant was convicted of gross negligence manslaughter contrary to common law.
Apologies for this error. This information came directly from the police, but it should not have been overlooked: http://www.west-midlands.police.uk/latest-news/news.aspx?id=5326
It has been rectified.
I am not undermining the case or sentence, it was just and deserved, but how will this message get to any employer who does not speak English?
It was not the employer who could not speak English, but the operatives he hired, who were Polish.