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Company pleads guilty after elevator death
On 12 March 2003, Polish-born Katarzyna Woja, 32, was killed as she stepped out of a lift at Broadgate Health Club in London. She was dragged between a wall and the lift when it suddenly fell a few feet and stopped between two floor levels.
At what would have been the first day of trial at Southwark Crown Court in south London, the company admitted its failure to ensure people, not in its employment, were not exposed to safety risks under the Health and Safety at Work Act. It failed to maintain the lift properly in accordance with its contractual obligations and failed to investigate adequately the cause of previous sudden failures, the court heard.
On 14th May, the company will be sentenced together with company Holmes Place Health Clubs which has already admitted three charges under the Health and Safety at Work Act.
Health and Safety Executive (HSE) figures reveal that since 2002, two hundred and sixty-six people have been injured in 'elevator accidents' and 4 killed. The HSE classifies 'elevator accidents' as those taking place in lifts, hoisting devices and elevating work platforms. A further 182 injuries took place in lift shafts, service ducts, and cellar hatches.
The Lift and Escalator Industry Association (LEIA) estimates that in the UK there are 250,000 passenger and goods lifts, and each makes multiple trips each day.
Terry Potter, safety and training manager for LEIA said, "If you talk about it in connection with number of journeys, then yes, you can say [lift accidents are] rare. The most common lift-related injuries are minor and may never be reported, such as trips, bumps and pinched fingers. [People] just brush themselves off and walk away".
More serious injuries, albeit extremely rare, occur when there is a major fault with the electrical system or safety mechanism of the lift. Mr Potter says lifts should not crash to the ground as they are counterweighted. He said, "You've been watching too many Bruce Willis films. Lifts don't plummet down as you see in films. It would have to be a massive failure. It's not just one bit of string [holding it up]".
Since 1997, passenger lifts across Europe have been governed by the Lifts Directive, which states that equipment must be maintained by the lift owner. Passenger lifts must be examined and tested every six months by a 'competent' person - such as members of the Safety Assessment Federation.
The same legislation does not cover domestic lifts and must be maintained at the owner's discretion. Mr Potter said, "What you do with it is up to you. But it's common sense that you maintain it".
Filed by Jessica Man © 2010 - Legal Advice Helpline
Published 11/03/2010
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