No Prosecution Over Liverpool Tower Crane Fatality

The Health and Safety Executive (HSE) has today announced its decision not to take a prosecution following the death of a worker after a luffing jib tower crane collapsed on a Liverpool construction site on 15 January 2007.

The crane collapsed when the slew ring bolts failed and the slew ring fractured, allowing the main crane assembly to fall from its tower and land upside down on top of the building being constructed.  Mr Zbigniew Swirzynski, a Polish site worker, was killed and the crane driver was injured. There will be no joy for his widow and their family over this decision. The inquest and demonstration by FACT was reported earlier this year by Unionsafety.

Following a thorough investigation by Merseyside Police and HSE, assisted by the Health and Safety Laboratory (HSL), HSE has concluded that there is insufficient evidence to bring proceedings against any of the parties investigated. These included the crane manufacturer; the crane hirer; the principal contractor running the site; the sub-contractor using the crane at the time of the incident; and the crane driver.

In England and Wales the decision whether to prosecute should take account of the evidential stage and relevant public interest factors set down by the Director of Public Prosecutions in the Code for Crown Prosecutors. No prosecution may go ahead unless the prosecutor finds there is sufficient evidence to provide a realistic prospect of conviction, and decides that prosecution would be in the public interest.

Commenting on the decision, Mike Cross, HSE Head of Operations for construction in the North West said:

“This decision was reached after a lengthy and exhaustive investigation into the causes of the collapse which involved interviews with numerous witnesses and the extensive involvement of HSE and HSL specialists. No effort was spared in determining the cause of this tragic incident, which involved visits to the crane manufacturers in Spain and full engagement with the tower crane community in GB. We have already contacted Mr Swirzynski’s family to let them know our decision.”

Mike Cross continued:

“As a result of this investigation HSE has written to all tower crane hirers and suppliers in GB providing them with HSE’s technical conclusions as to the cause of the incident. We have asked them to consider what, if anything, they need to do in the light of these findings. The companies have been asked to consult with tower crane manufacturers (none of which are GB-based) as necessary to inform their considerations and communicate the message to the users of their cranes. HSE is monitoring their responses and stands ready to take any necessary follow-up action.

“We are also engaging with a number of other key stakeholders including the Strategic Forum for Construction and the Crane Plant Hire Association and with European colleagues to ensure that lessons learnt from this incident are acted upon.”

HSE released a technical report on 16 July 2008 with the aim of informing industry and preventing a similar incident occurring in the future.

It is available here

Code for Crown Prosecutors

Vigil For Killed Polish Worker Highlights Cruel Negligent Deaths At Work

Source:HSE

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