Portico Shipping fined for health and safety breaches over port death

Mieczyslaw 'Mitch' Siwak, 34, died at Portsmouth's Flathouse Quay in August 2017

A shipping firm has been fined £200,000 after a port worker was crushed to death between containers.

Mieczyslaw "Mitch" Siwak, 34, from Bognor Regis, died at Flathouse Quay, Portsmouth, on 25 August 2017.

He was caught between two 40ft (12m) containers as one was being moved on a specialist fork-lift truck.

Portico Shipping admitted breaching Section 33 of the Health and Safety at Work Act at an earlier hearing at Portsmouth Magistrates' Court.

Mr Siwak had been an employee of the shipping and hauling company for nine years. The firm, then known as MMD Shipping Services, is owned by Portsmouth City Council.

The Health and Safety Executive (HSE) prosecutors told the court Mr Siwak had been working as a "plugger", unplugging and re-plugging in refrigerated containers to their electricity supplies.

The court heard it was "difficult to understand the exact circumstances" of the incident, but CCTV showed Mr Siwak shortly beforehand "standing in front of the container where another container was about to be placed".

The fork-lift operator did not raise the container above eye level so did not see Mr Siwak in front of him, the court heard.

The Health and Safety Executive told Mr Siwak's inquest there was a "complete lack of supervision and control on night shifts"

The HSE inspectors found nightshift managers were not "actively supervising" work carrying on and whether rules on pedestrians, such as pluggers adhering to so-called safe walking zones, were being followed.

"Operatives were not monitored to ensure they followed good practise," the court was told.

"Drivers with containers obscuring their view - this was not something that was being supervised."

Mr Siwak came to England from Poland in 2004 and had moved into a flat with his girlfriend shortly before his death.

Counsel for Portico Shipping said it "sincerely regrets" the incident and apologised.

He said steps had been put in place, including real time CCTV feeds on mobile phones and a dedicated nightshift foreman to prevent a repeat of the accident.

Passing sentence District Judge David Robinson said Mr Siwak's death had caused "unimaginable grief and devastation" for his family.

He said it was "not unusual" for safety measures not to have been followed by the company.

"Evidence established they were insufficient. Drivers should have raised containers sufficiently high so they could safely see in front of them."

He said the company had since put in place "extensive remedial steps" to improve safety.

He imposed a fine of £200,000, plus £15,000 in costs.