A Swansea installation firm and a Cardiff maintenance company have been found guilty of serious safety failings after a five-year-old girl was crushed to death by an electric gate.
Cardiff Crown Court heard how Karolina Golabek became trapped between the closing edge of the gate and the gate post outside flats near her home in Bridgend on 3rd July, 2010.
A subsequent investigation by the Health and Safety Executive concluded that the gate was inherently unsafe and posed a clear risk. John Glen (Installation Services) Ltd and Tremorfa Ltd were both prosecuted.
Speaking after the hearing, HSE inspector Stuart Charles said Karolina’s death had left her family “devastated” and could “so easily have been avoided”.
“Both companies walked away from the gate leaving it in an unsafe condition. Both could have prevented this tragedy,” commented Mr Charles.
The court was told that Karolina had been playing near the gates in Brook Court when they automatically closed after a car passed through. Her body was discovered in the gap between the post and gate a short time later by a resident.
Karolina was rushed to hospital but later died as a result of her injuries.
“Serious safety failings”
The HSE investigation found that the closing force of the gate failed to meet European and British safety standards. It was in excess of 2,000N – which is comparable to the force generated by a weight of 440lbs (220kgs).
Dangers were also found with the gate structure as there was a lack of sufficient safety devices to detect a person in the area in order to prevent it from automatically closing. These safety features, the court heard, were incorrectly set.
John Glen (Installation Services) Ltd had fitted a new electric motor to the gate when a previous motor had broken and the gate was put back into use even though there were obvious trapping points. In addition, the firm failed to adequately test the force that the gate closed with and that it stopped when it met an obstruction.
Tremorfa Limited, who was contracted to maintain the gate and carried out a maintenance visit just six weeks before Karolina’s death, did not carry out vital safety checks including closing force measurements.
HSE inspector Mr Charles said: “Automated gates are becoming more common and it’s sometimes difficult to appreciate that even small gates can close with significant force. Badly installed and maintained gates are a threat to all pedestrians, but young children are particularly vulnerable because they are often completely unaware of the dangers.
“No-one should install or work on automated gates without knowing the relevant safety standards or without having the right equipment to check that the gate is safe after they have worked on it .
“If you own or are responsible for managing properties with automatic gates you should ensure they are properly maintained. You should also ensure that those carrying out the maintenance are competent to do so.”
John Glen (Installation Services) Ltd of Phoenix Way, Garngoch Industrial Estate, Swansea, was fined £60,000 and told to pay £40,000 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.
Tremorfa Ltd, of Pascal Close, St Mellons, Cardiff, was fined £50,000 with costs of £40,000, pleading guilty to the same charge.
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