HSE to prosecute following Birmingham fatal wall collapse in 2016

A Health and Safety Executive (HSE) prosecution is being brought against two companies after five workers were fatally injured and another seriously injured at a site in Birmingham.

On 7 July 2016, Ousmane Kaba Diaby, Saibo Sumbundu Sillah, Bangally Tunkara Dukuray, Almamo Kinteh Jammeh and Mahamadou Jagana Jagana were all fatally crushed by a collapsing wall at the site on Aston Church Road in Nechells area of the city. Tombong Camara Conteh sustained serious injuries.

A joint investigation by HSE and West Midlands Police has taken place.

Ensco 10101 Limited (previously known as Shredmet Ltd) of Riverside Works Trevor Street, Nechells, Birmingham will face charges under Sections 2(1) and 3(1) of the Health and Safety at Work Act 1974.

Hawkeswood Metal Recycling Limited of Riverside Works Trevor Street, Nechells, Birmingham, will face charges under Sections 2(1) and 3(1) of the Health and Safety at Work Act 1974.

A prosecution has also been approved against two individuals.

The first court hearing is yet to be confirmed.

Notes to Editors

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
  2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
  3. HSE news releases are available at www.press.hse.gov.uk
  4. Primacy was handed to HSE in December 2017, and the inquest into the five deaths took place in November 2018 where an outcome of accidental death was recorded. Please refer to HM Coroner for further detail on these coronial proceedings.
  5. We will issue a separate note once a hearing date and location has been confirmed.