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NEWSFLASH IN THE COURTS


NATIONAL CRANE COMPANY FINED £750,000 FOR TWO DEATHS AFTER COLLAPSE


Falcon Crane Hire Ltd has been sentenced for failings that led to the death of two men as a crane collapsed in London.


Crane operator Jonathan Cloke, 37, died after falling from the crane as it collapsed. It fell onto Michael Alexa, 23, a member of the public, and also killed him.


Southwark Crown Court heard that sections of the tower crane, which was on a housing development in Thessaly Road, Battersea, separated when 24 bolts failed as a result of metal fatigue.


The Health and Safety Executive (HSE) investigation into the incident, in September 2006, found Falcon Crane Hire Ltd did not investigate a similar incident which happened nine weeks before, when the bolts failed on the same crane and had to be replaced.


HSE found the company had an inadequate system to manage the inspection and maintenance of their fleet of cranes. Their process to investigate the underlying cause of components’ failings was also inadequate. It told the court the


HSE TO ADMINISTER CROWN CENSURE TO MOD OVER BRECON BEACONS TRAINING


EXERCISE DEATHS The Health and Safety Executive (HSE) has announced it will administer a Crown Censure to the Ministry of Defence (MoD) over the deaths of three soldiers on a training exercise in the Brecon Beacons in July 2013.


Reservists Edward Maher, James Dunsby and Craig Roberts fell ill while on a training march. Mr Roberts and Mr Maher died during the exercise, while Mr Dunsby suffered multiple organ


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particular bolts were a safety critical part of the crane. The court also heard the bolts failing previously was an exceptional and significant occurrence, which should have been recognised by Falcon Crane Hire.


Lilliana Alexa, Michael’s mother, said on behalf of her family: “Michael was a lovely son, a wonderful big brother and a devoted father. His son has had to grow up without the love and support of Michael, who adored him. He was denied that opportunity because his life was taken away and with his, ours too.


“The memories of that day will never leave our family. We heard the crash and felt the ground shake. I found Michael and it’s an image that haunts my nightmares. If only we had stopped to chat or parked the car somewhere else he would still be alive. We know we are not to blame but it does not stop us all feeling guilt.


“We cannot comprehend how our beloved son, brother, father and friend who was so full of live has gone. The whole crane industry must learn from our tragedy and the devastation it has caused. We do not want another family to endure the same pain of losing their child.”


Mike Wilcock, HSE Head of Operations, said: “Jonathan and Michael’s deaths


failure, as a result of hyperthermia, and died on 30th July 2013.


The HSE investigation found a failure to plan, assess, and manage risks associated with climatic illness during the training. These failings resulted in the deaths of the three men and heat illness suffered by ten other on the march.


Despite its Crown status, the MoD is not exempt from its responsibilities as an employer to reduce the risks to its employees as far as reasonably practicable. But for Crown immunity, the MoD would have faced prosecution for the failings identified.


HSE Head of Operations Neil Craig said: “Specialist military units rightly


were tragic, needless and entirely avoidable. These two men need not have died had Falcon Crane Hire taken the right, decisive action when the bolts failed the first time. The company fell far short of its health and safety obligation.”


Falcon Crane Hire Ltd were fined £750,000 and ordered to pay costs of £100,000 for breaching Sections 2 and 3 of the Health and Safety at Work Etc Act.


need to test rigorously the fitness and resilience of potential candidates. Health and safety is not about stopping people from doing dangerous work or being properly prepared for military duties. Military training is inherently hazardous. However, such testing needs to be managed effectively. The MoD has a duty to manage the risks during training exercises. It failed to do so on this occasion.


“Since the incident HSE has worked closely with the MoD to ensure it has learned lessons on how it can reduce the risk of similar tragedies occurring in future without compromising or changing the arduous nature of the essential training and testing they need to provide.”


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