Three company directors have been jailed following the death of a man who fell while working at a warehouse in Essex.
Nikolai Valkov died in hospital after falling through the roof of a warehouse in Harlow on 13 April 2015.
At Chelmsford Crown Court, Koseoglu Metalworks admitted an offence of corporate manslaughter and its sole director, Kadir Kose, admitted a safety offence. Ozdil Investments denied corporate manslaughter and a safety offence but was convicted following a trial.
Firat Ozdil was jailed for one year, Ozgur Ozdil for 10 months and Kose for eight months. Two directors, Firat Ozdil and Ozgur Ozdil, were convicted of a safety offence.
The court heard that Ozdil Investments was the owner of the warehouse where the roof needed repairs. Ozdil Investments was also fined a total of £660,000 and Koseoglu Metal Works £400,000.
The HSE and Harlow District Council issued warnings to the company about the dangers involved in the repair work and specifically the need for safety measures such as netting to be put in place.
Despite this, Firat Ozdil and Ozgur Ozdil paid their friend Kose and his company Koseoglu Metalworks to carry out the work without netting or other safety measures.
The court heard Koseoglu Metalworks had no experience of roofing work and the fee paid by the Ozdils was approximately £100,000 less than a recognised roofing contractor would have charged.
Kose did not carry out a risk assessment at the site and sent staff employed by his company onto the roof without training.
While working on the roof Valkov stepped onto a discoloured skylight and fell to his death.
Luke Bulpitt, from the CPS, said: “By ignoring the safety measures they knew were required, the Odzils and their company risked the lives of everyone working on the roof in an attempt to save money.
“Kadir Kose and Koseoglu Metalworks undertook the work to the roof without taking any appropriate safety steps, gambling with the lives of their employees.
“Faced with the evidence against him, Kose and Koseoglu Metalworks admitted their guilt but the Ozdils and their company contested the charges. However, having heard the compelling case put forward by the prosecution, the jury returned guilty verdicts.”
Bristol firm fined after worker fall
Elsewhere a company from Bristol was fined more than £100,000 after a worker also fell from height at a farm in Cornwall.
Eco NRG Solutions and its director Jon Luke Antoniou were fined when worker Lewis Harding injured himself fitting solar panels on a fragile roof at Venn Farm on 19 May 2015.
Harding fell more than three metres through a fragile skylight and broke his back in three places.
An investigation by HSE found the company failed to take adequate precautions to prevent workers falling from height. There was no edge protection, under-roof netting or boarding provided on site. The company instead relied on an ineffective use of harnesses.
Unsafe working had been taking place for months before the accident and then continued for months afterwards.
NRG Solutions of Polden Business Centre, Bristol Road, Bridgewater, pleaded guilty to breaching Section 4 (1) of the Work at Height Regulations 2005 and Section 33 (1) of the Health and Safety at Work Act 1974. The company was fined £115,000 and ordered to pay costs of £2,879.60.
Jon Luke Antoniou of Furze Close, Bridgewater, pleaded guilty to breaching Section 37 (1) of the Health and Safety at work Act 1974 and has been fined £5,000 and ordered to pay costs of £1,957.40.
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I find the lack of safety every single day. By mainly foreign workers, who seem to have never heard of Health & Safety !
I have complained many times to the HSE on numerous occasions, but they were not in the least interested !!
Sufficient HSE supervision should be provided at every site. We can’t ultimately blame labourers who are not educated/intelligent enough to find any job other than as construction labourers.
The safety is everybody’s responsibility, one should care about his life as well, but proper training and tight supervision with HSE person on site is most desirable on all the sites, life is more precious and there is no alternative and we can’t bring the life back. All must learn from this incident.
Raj Reddy
Director
Contractors Development Institute