Martin Gutaj, a company director who was convicted after he failed to
undertake an adequate risk assessment and offer training to two
construction workers who fell to their deaths lifting a sofa at height
has been sentenced.
The 44 years old director was sentenced at the Old
Bailey Friday, July 7, 2017 to 14 month imprisonment for each death to
run concurrently and was barred from being a company director for the
next four years.
Gutaj was found guilty of two counts of failure to discharge a duty to
ensure the health, safety and welfare of employees, contrary to section
33 (1) and section 71 (1) of the Health and Safety at Work Act 1974.
His company was also fined £1.2million for each death and £650,000 for
breaches of Health and Safety Regulations after the court heard how
Tomasz Procko, 22 and Kyrol Szymanski, 29, both Polish nationals went to
work that day and never returned home.
The men were working at a construction site in Cadogan Square run by
Gutaj's company. During the course of the day the men were asked to
perform a lifting operation at height without supervision and the
requisite training. Both workmen fell after railings on the balcony gave
way whilst the furniture was being manoeuvred into premises.
Tomasz Procko was pronounced dead at the scene. Karol Szymanski was
taken to a central London hospital in a critical condition where he
later died.
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