Today at Inverness Sheriff Court , Hochtief Construction AG was fined £266,000 (reduced from £400,000 due to their plea of guilty) for a breach of Health and Safety legislation, following the death of Ondrej Hladik, a construction site worker employed by a company contracted to work on a Hochtief project.
The company pled guilty to failing to ensure his health, safety and welfare which it was obliged to do in relation to those working on the site but not directly employed by Hochtief
On 22 September 2008, Mr Hladik was driving a telehandler on the site of the Glendoe hydro project near Fort Augustus, where Hochtief Construction AG was building a new dam and turbine station.
The telehandler which Mr Hladik was driving was in extremely poor condition. The most significant of many defects found on examination of the telehandler following Mr Hladik’s death was that a large window which, had it been in place would have prevented any part of the handler’s body from being exposed to risk of being struck by the boom as it lowered under hydraulic power ,was missing completely.
It is believed that the boom lowered onto and crushed Mr Hladik when he was leaning through the missing window. The incident could not have occurred had the protective window been in place.
The case was investigated by the Health and Safety Executive (HSE) and reported to the Crown Office and Procurator Fiscal Service (COPFS) Health and Safety Division. Specialist prosecutors worked closely with HSE Inspectors to prepare the case for prosecution and brought the case to court, resulting in a guilty plea being tendered by the company.
Following the conviction, Elaine Taylor, Head of the Health and Safety Division, said:"By providing for use by workers on the site a piece of equipment that was in such poor condition, Hochtief Construction AG exposed them to a significant risk to their health and safety, Sadly, for Mr Hladik and his family, that risk materialised in the loss of his life."
"Hochtief did not have in place a system to ensure that its plant was adequately inspected and maintained and this resulted in a vehicle being used on site when it was in an appalling condition Mr Hladik’s death was entirely avoidable had Hochtief complied with health and safety legislation.
“COPFS takes such breaches extremely seriously and, where it is in the public interest , will prosecute those companies that fail to comply with the legislation that is in place to protect those in the work place"
Following the case, HSE Inspector John Shelton said:“The telehandler involved in the incident was the most poorly maintained construction vehicle of its type I have ever seen in over 30 years service as an HSE Inspector. It should never have been allowed near any construction site."
“All plant machinery should be properly maintained - contractors must be able to demonstrate that this is the case on their sites.
This tragic incident should have been avoided.”
For more news visit http://www.totalaccess.co.uk/News or Follow us on Twiter http://twitter.com/TotalAccessUK
Article sourced from http://www.copfs.gov.uk/News/Releases/2010/12/Company-fined-after-death-work-Hydroelectric-Plant