Mobile Elevating Work Platforms

Construction firm fined as worker loses life and another injured

A company has been sentenced after a 62-year-old worker fell 10 metres to the ground and died during the construction of a new university facility.

The Health and Safety Executive (HSE) investigated the fall and subsequently prosecuted Balfour Beatty, with the firm fined £285,000 on Monday 16 September.

Igor Malka and a second contractor, Edmund Vispulskis, had been in a scissor lift while installing cladding during the construction of a new engineering hall at the University of Birmingham on 7 January 2020.

The pair, from Lithuania, fell approximately 10 metres when their scissor lift was pushed over by a nearby crane.

This led to Mr Malka losing his life while Mr Vispulskis sustained injuries to his spine and broken ribs, before spending seven weeks in a neck brace. Mr Vispulskis also required pins to be inserted in his pelvis and thigh.

Balfour Beatty had been the principal contractor while the National Buried Infrastructure Facility was being built at the university.

The crane was being used to move hydraulic equipment that had been delivered by a lorry. The equipment was set to be installed at the facility.

The HSE investigation found the incident could have been prevented had Balfour Beatty implemented better controls and put in place better communication between contractors. There were contractors at the site that were moving the hydraulic units into place with the overhead travelling gantry crane, and another team who were installing internal cladding. Balfour Beatty, as principal contractor on site, had a duty to ensure communication and co-operation between these contractors. There was also no lift supervisor present at the time of the incident.

Balfour Beatty, of Churchill Place, Canary Wharf, London, pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998. The company was fined £285,000 and ordered to pay £21,768.88 in costs at Birmingham Crown Court on 16 September 2024.

HSE inspector Gareth Langston said: “This was a tragic incident that led to the death of a worker with another being seriously injured and still experiencing difficulties today as a result. Lifting operations must be properly controlled – they must be planned, with plans adhered to.”

This HSE prosecution was brought by HSE enforcement lawyer Andy Siddall and supported by HSE paralegal officer Helen Jacob.

 

Protective Systems

There is no set depth specified by HSE regulations that requires protection for excavations. The need for protection depends on a risk assessment considering factors like:

• Ground conditions
• Excavation depth and width
• Work activities
• Groundwater conditions
• Nearby structures or equipment

Protective systems could include the following:

• Sloping – Cutting back trench walls at an angle inclined away from the excavation.
• Benching – Cutting steps into the excavation walls.
• Shoring – Installing supports like hydraulic jacks to prevent cave-ins.
• Trench boxes/shields – Protective structures for workers inside the trench.

Mobile Elevating Work Platforms (MEWPs)

HSE inspector Gareth Langston said: “This was a tragic incident that led to the death of a worker with another being seriously injured and still experiencing difficulties today as a result.

“Lifting operations must be properly controlled – they must be planned, with plans adhered to.”

This HSE prosecution was brought by HSE enforcement lawyer Andy Siddall and supported by HSE paralegal officer Helen Jacob.

 

What you need to do 

The most significant MEWP dangers arise from operation and use of the machine rather than from their movement as a site vehicle. The law says that these hazards must be properly controlled.

However, a safe workplace for all vehicle operations needs to be established by seperating pedestrians and vehicles and providing hazard-free traffic routes.

Key issues are:

• MEWP hazards
• Controlling the risk
• Training and competence
• Inspection, maintenance and examination

 

What you need to know

Operators have died when trapped in the MEWP basket or when the machine has overturned. Great care must be taken to select the most appropriate MEWP and ensure that use of the machine is properly planned and managed. Operator instruction and training are very important requirements.

 

MEWP Hazards

Most fatal and serious injuries involving MEWPs arise from:

• Entrapment: operator trapped between part of the basket and a fixed structure, eg when manoeuvring in confined overhead areas of steelwork. Operators may become trapped against the platform controls, and if this happens they may not be able to stop the machine running.
• Overturning: the machine may overturn throwing the operator from the basket.
• Falling: an operator may fall from the basket during work activities.
• Collision: the vehicle may collide with pedestrians, overhead cables or nearby vehicles.

These hazards should be identified within a risk assessment and suitable control measures put in place.

 

Controlling the risk

It is important to select the right MEWP for the job and site.

Have a plan for rescuing someone from a MEWP and practise it – someone on the ground should know what to do in an emergency and how to operate the machine’s ground controls. There are a number of precautions that can reduce the risk from MEWP hazards. These are:

Confined overhead working:

• Brief operators on the dangers, and the safe system of work to be followed. If there are overhead structures against which an operator could be trapped and then pushed onto the MEWP controls, consider selecting a MEWP that has been designed to prevent such accidental contact.
• MEWPs with shrouded or otherwise protected controls are available.
• Keeping the platform tidy will reduce the risk of the operator tripping or losing balance while in the basket.

Ground Conditions:

The platform should be used on firm and level ground. Any temporary covers should be strong enough to withstand the applied pressure. Localised ground features, eg trenches, manholes and uncompacted backfill, can all lead to overturning.

Outriggers:

Outriggers must be extended and chocked before raising the platform. Spreader plates may be necessary – check the equipment manual.

Guardrails:

Make sure the work platform is fitted with effective guard rails and toe boards.

Arresting Falls:

If there is still a risk of people falling from the platform a harness with a short work restraint lanyard must be secured to a suitable manufacturer provided anchorage point within the basket to stop the wearer from getting into a position where they could fall from the carrier.

Falling objects:

Barrier off the area around the platform so that falling tools or objects do not strike people below

Weather:

High winds can tilt platforms and make them unstable. Set a maximum safe wind speed for operation. Storms and snowfalls can also damage platforms. Inspect the platform before use after severe weather.

Handling materials:

If used to install materials check the weight and dimensions of materials and consider any manual handling and load distribution issues. You may need additional lifting equipment to transport materials to the work position.

Nearby hazards:

Do not operate a MEWP close to overhead cables or other dangerous machinery or allow any part of the arm to protrude into a traffic route.

Training and competence:

MEWP operators should have attended a recognised operator training course and received a certificate, card or ‘licence’, listing the categories of MEWP the bearer is trained to operate.

The expiry date of the training licence or card should be checked.

In addition to formal training for the type of MEWP, operators should have familiarisation training on the controls and operation of the specific make and model of MEWP they are using.

EWP operators traditionally complete a 1-3 day IPAF operator course, which is held at approved IPAF training centres. Anyone who supervises and plans for people to work at height in MEWPs must also be trained and be competent. The one-day IPAF MEWPs for managers course addresses this and the need for supervising and planning all MEWP operations.

 

Inspection, maintenance and examination

A programme of daily visual checks, regular inspections and servicing schedules should be established in accordance with the manufacturer’s instructions and the risks associated with each MEWP.Operators should be encouraged to report defects or problems. Reported problems should be put right quickly and the MEWP taken out of service if the item is safety critical. The MEWP must be thoroughly examined at least every six months by a competent person or in accordance with an examination scheme drawn up by such a competent person.

 

What are the key steps in a MEWP rescue plan

Failure to plan means prepare to fail. Why would a work platform not lower? Examples include platform malfunction or overload, the operator becoming ill, being injured or trapped, or being caught or snagged on a structure.

A rescue plan should identify suitably trained, site-based people who would be available to lower the work platform, using the machine’s ground controls or emergency lowering system.

 

A comprehensive MEWP (Mobile Elevating Work Platform) rescue plan should include the following key steps:

1. Assess the situation: Quickly evaluate the nature of the emergency and determine if the operator can safely lower the platform using normal controls.
2. Attempt primary controls: If possible, have the operator use the platform controls to lower the MEWP.
3. Use ground controls: If platform controls fail, a trained ground operator should attempt to lower the platform using ground-level controls.
4. Utilise auxiliary/emergency controls: If both platform and ground controls fail, use the emergency auxiliary controls located at ground level to lower the boom.
5. Contact emergency services: In cases of operator incapacitation or if all control systems fail, immediately call emergency services.
6. Implement alternative rescue methods: If the MEWP cannot be lowered, consider alternative rescue techniques such as using another MEWP for a mid-air rescue.
7. Communicate clearly: Establish and maintain clear communication between the rescue team, the operator in the MEWP, and ground support personnel.
8. Provide first aid: Once the operator is safely on the ground, administer any necessary first aid.
9. Secure the scene: After the rescue, isolate the MEWP, remove keys, and tag the machine to prevent further use until it can be inspected.
10. Report and investigate: Document the incident and conduct a thorough investigation to determine the cause and prevent future occurrences.
11. Review and update: Regularly review and update the rescue plan based on lessons learned and changes in worksite conditions or operations.

Remember to designate and train specific personnel as ground rescue operators, ensure they are familiar with all MEWP controls, and conduct regular drills to practice the rescue procedures.

 

MEWP Rescue Plan

This plan outlines procedures for rescuing personnel from a Mobile Elevating Work Platform (MEWP) in case of emergency.

Emergency Situations

1. Failure of basket control functions while elevated – Operator will use auxiliary controls in the platform to lower the boom safely to the ground.
2. Operator incapacitated or unable to operate controls – A trained ground operator will use the ground controls to lower the platform.
3. Failure of both basket and ground controls – Use emergency auxiliary controls at ground level to lower the boom. If obstructed, lower to nearest safe working platform and use ladder for exit.
4. Failure of all control systems – Contact MEWP supplier immediately for engineer assistance. Keep operator calm while awaiting rescue.
5. Person thrown from basket but conscious:

• • Call emergency services immediately.
  • If safe, lower basket using ground controls.

• If obstructed, perform mid-air rescue:
  • Instruct suspended person to raise knees to chest.
  • Manoeuvre another MEWP below suspended person.
  • Slowly elevate rescue MEWP and transfer person to basket.
  • Lower both individuals to ground.

6. Person thrown from basket and unconscious – Call emergency services immediately. Proceed with rescue as in situation 5 above.

General Guidelines

• All personnel must be briefed on this rescue plan before MEWP operation.
• Practice the rescue procedures regularly.
• Aim to complete any rescue within 15 minutes.
• Avoid using ladders for rescue when possible.
• Ensure rescue personnel are trained on ground/auxiliary controls.
• Keep plan readily available and visible at worksite.
• Review plan periodically and update as needed.

By following this rescue plan, we can ensure prompt and safe retrieval of MEWP occupants in emergency situations. All operators and ground personnel must be familiar with these procedures.