London Underground and a security firm were each f
London Underground and a security firm were each fined pnds stlg 35,000 today (Mon) after a worker was gassed to death while guarding a building from graffiti artists.
London Underground Ltd and Essex-based security firm Wilson James Ltd had admitted breaches of safety rules that caused the ‘appalling and shocking’
death of 59-year-old Olatunji Owalabi.
Mr Owalabi’s body was found lying on a makeshift bed of newspapers in the same room as a generator used to power a high pressure hose in the removal of graffiti.
Mr Owalabi, from Balham, who had worked 80 hours in the past seven days, had received no warning as to the dangers of carbon monoxide poisoning.
His supervisors failed to ring him at hourly intervals to see how he was during the night – and one supervisor sent to visit him during the night
went to the wrong building.
James Ageros, prosecuting, told Blackfriars Crown Court that both companies fell far beneath the standards of safety expected of them.
‘LUL failed to ensure the premises and plant under their control were so far as reasonably practicable safe and without risks to the health and safety of those not in their employment.
‘They provided the working environment in which Mr Owalabi had to operate.
‘Part of their duty was to identify risks present in the building before Mr Owalabi was posted there.
‘In particular they were aware of the petrol generator was to be used to power lighting.
‘They effectively created the risk, and Oluwabi’s employers allowed him to work in that environment which was pregnant with risk.
‘
During the previous six days a painting firm had been hosing down graffiti on the outside of the three-storey building at (214) Balham High Road.
‘But as fast as it was being washed it was being put back on,’ said Mr Ageros.
The generator was used to power high pressure hoses on the outside of the building, and the device should not have been used indoors without proper ventilation.
London Underground decided to hire a security guard from Wilson James, a firm with 650 employees, for the final clean down on the night of June 6 last year.
Wilson James had breached their duty to provide a safe system of work and failed to ensure the generator did not provide a health risk.
They also failed to train its employees about the risk in using generators.
‘It was Wilson James’ overriding duty to assess risks at the site before allowing Mr Owalabi to work there and they did not do so,’ Mr Ageros explained.
‘His employers should have provided a safe system of work, which meant a petrol generator was not operated in an confined space where a man was working.
‘An alternative source of lighting should have been provided.
‘Failing that the generator should have been placed outside the building, and provision should have been made for the safe removal of exhaust fumes.
‘
Both firms admitted one breach each of the Health and Safety at Work act 1974.
The court was told that Wilson James Ltd sincerely regretted the tragedy.
Judge Alan Hitching fined both London Underground and Wilson James Ltd, from Westcliff-on-Sea pnds stlg 35,000 each.
London Underground were also ordered to pay pnds stlg 3,862 in costs while Wilson James were ordered to pay pnds stlg 7,684.
mfls
ends
pix of victim available
addtube.
