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HSE prosecution announcement

Date:
7 December 2016

The Health and Safety Executive (HSE) has today informed BAM Nuttall Limited, Ferrovial Agroman (UK) Ltd, and Keir Infrastructure and Overseas Ltd that they will be prosecuted in relation to three incidents that took place during the construction of the new Crossrail railway tunnel construction, which runs east to west across London.

All three companies will appear at Westminster’s Magistrates Court in January 2017 to face four charges, each. Two relating to the death of Rene Tka’cik on the 7 March 2014 and one each relating to injuries to Terrence Hughes on the 16 January and Alex Vizitiu on 22 January 2015.

Rene Tka’cik died after he was crushed by falling concrete on the 7 March 2014 while working on the Fisher street cross-over tunnel.

Terrance ‘Ian’ Hughes was working between the Bond Street and Paddington section of the tunnel on the 16 January 2015 when he was crushed by a tipper truck. He suffered severe leg injuries.

Alex Vizitiu was working in the same stretch of the tunnel on 22 January 2015. He suffered head and hip injuries when he was struck by a high pressure mixture of water and concrete during a routine operation to clean concrete lines.

HSE’s Head of Operations, Annette Hall said: “We have today informed the three contractors that they will each be prosecuted for the death of a worker and injuries sustained by two others, in three separate incidents on the construction project.

“These were all serious incidents and resulted in the death of one of their workers.

“We have concluded following thorough investigations that there is sufficient evidence to prosecute and it is in the public interest to do so.”

BAM Nuttall Limited of St James House, Knoll Road, Camberley, Surrey, GU15 3XW, Ferrovial Agroman (UK) Ltd of 10th Floor, Bsi Building, 389 Chiswick High Road, London, W4 4AL and Keir Infrastructure and Overseas Ltd of Tempsford Hall, Sandy, Bedfordshire, SG19 2BD  will each face four charges:

One charge under section 2 of the Health and Safety at Work etc Act 1974.

One charge under section 3 of the Health and Safety at Work etc Act 1974

Two charges under Regulation 22 (1)(a) of the Construction (Design and Management) Regulations 2007

Notes to Editors

  1.  Now that criminal proceedings have commenced your attention is drawn to the fact that the provisions of the Contempt of Court Act apply to this matter. You will understand that it is not appropriate for HSE to give media interviews until court proceedings are concluded.
  2. You are advised to check the time and date of the hearing with the Court nearer the time to ensure that the case has not been put back.
  3. The Code for Crown Prosecutors sets out the principles for prosecutors to follow when they make enforcement decisions.

(ends)

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