Three directors and a foreman of a construction company were each fined €7,000 by a magistrates' court over a series of health and safety shortcomings which resulted in two workmen suffering serious injuries on the work site.
John, 67, Paul, 43, and Ian, 37, Magro, as directors of Asfaltar Ltd, were charged with causing the accident through failure to take the necessary adequate precautions. All three together with Melvin Ellul, 34, the foreman, were charged with not having taken necessary health and safety measures and with having allowed the use of scaffolding that was not in line with building regulations.
On January 14, 2011 at around 2pm, two foreign nationals, Goran Vugodonavic and Branko Trisic, were working on the ICT Building Construction site at the University campus when the mishap occurred.
The men were building retaining walls for the construction of an underground car park and reservoir. Whilst manoeuvring the concrete drum, they slipped and fell onto the rocks below.
Both workmen suffered serious injuries as a result of the fall. One of them ended up with a fractured shoulder, thigh-bone and ribs. The other also suffered broken ribs, a fractured hip and a bruised lung.
The court, presided over by Magistrate Donatella Frendo Dimech, assigned the case in 2016, observed that criminal proceedings were instituted against the directors of the construction company and the foreman in July 2014, although the accident had occurred in 2011. This effectively meant that the first charge of having caused grievous injury through negligence or non-observance of relative regulations, was time-barred.
With respect to the other charges, the court observed that the contract of works had placed a clear obligation upon the accused to ensure the safety of workers by preventing “any loss or accident” at the construction site.
Moreover, all instructions by the health and safety supervisor were to be followed. The latter testified that he had often drawn the company’s attention to provide “all necessary fencing on site to prevent any drops from shuttering being constructed.” Yet “no action was taken”.
Risk assessment reports had pointed out that there were no first aiders on site, a lack of tidiness and excessive dust, the tower crane had not been certified, a lack of full flooring and edge protection to sheer drop areas as well as the absence of protective gear.
The court noted that since the scaffolding was not high enough, the workmen had to stand on the wall to reach the concrete drum and wore no safety harness.
Just 10 days before the accident, the company had been warned of ‘health and safety deficiencies’, the court observed.
Deploring the ‘I don't care attitude’ of the accused, the court declared them guilty of breaching health and safety laws.
Inspector Jesmond Micallef prosecuted.