'The 130-year-old Victorian cast iron balustrade gave way and two of the men fell to their deaths on the pavement below. 'A third was saved only by being grabbed by his colleagues as he began to fall. 'The prosecution case is that the deaths of those two men, Tomasz Procko and Karol Symanski, were not simply an accident. 'That is not to suggest anybody wanted or intended anybody to come to harm. The court heard the firm had a 'long and unhappy history of neglect of health and safety' 'The fact that the men were hauling the sofa up in the dangerous way that they were was the result of a long and unhappy history of neglect of health and safety at the company which employed them. 'It was an accident but it was an entirely foreseeable and preventable one.' The prosecutor said it was not a case of 'health and safety gone mad' like 'goggles for conkers' or banning firemen's poles. He told jurors that falling from height was the single greatest cause of workplace deaths in Britain, with 40 people losing their lives every year. Jurors heard that on the day of the accident there was a basic failure in identifying who was in charge on site. The company and Gutaj had been warned 'more than once' of the importance of having trained, competent and effective supervisors before November 2014, the court was told. Jurors also heard that the company had a duty to provide training in health and safety. But the training allegedly did not include instructions on lifting operations and what should be done if an item was too large or heavy to take through the common area of the property. The court was told the entire workforce spoke Polish as their first language, yet the firm's policy documents and risk assessment were only available in English.
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He told board members that the conveyor belts needed to be running for Matthews to fix the press because, otherwise, coal refuse would get stacked up and it would be impossible to move the other plates to reach the one that needed repaired. Graham said the real goal of investigations into mining injuries and deaths should be to figure out what really happened, so that lessons can be learned that would prevent such incidents in the future. In this instance, Graham said, the real cause of the death was the failure to use a fall-protection harness. What he failed to do was to use fall protection, Graham said. Matthews should have had his, and he was trained to do that. Graham said an MSHA inspector on the scene told state and company officials that he had seen Matthews wearing a safety harness during a mine inspection just a week or so earlier. The real question is what goes through a persons mind in human behavior when hes working by himself and nobodys watching, Graham said. Its like a coal miner mentality, you know. I can do this and maybe I dont need to do a particular safety precaution. When we can cure that kind of problem, it wouldnt happen here. He had been wearing his harness before.