The Health and Safety Executive (HSE) prosecuted London-based construction company Precis Holdings Ltd and security company manager Mr Obioma Chukwudi for their parts in the death.
The City of London Magistrates' court heard that Victor Etu, 36, was working as a security guard at Dover House, Morden Road, Mitcham. The semi-derelict building was due to be turned into a self-storage facility, with Precis Holdings Ltd managing the refurbishment. Precis Holdings Ltd contracted Crimeforce Security Ltd (which has since been dissolved), to provide 24-hour security to the site. Precis engaged Mr Etu as a self-employed security guard.
A petrol-powered electricity generator had been provided by Precis Holdings Ltd to power a portable heater and lights, as there was no electricity supply to the building.
On the 16 February 2008, Mr Obioma Chudwudi, the manager of Crimeforce Security Ltd, attended the site at about 1.45pm. He had not heard from Mr Etu who was on the night patrol shift and had been due to call in at 6am. Mr Etu was found lying on the floor in an office on the second storey of the building. The generator was found in another room off the same corridor. An ambulance was called and Mr Etu was declared dead at the scene.
The post mortem examination stated that Mr Etu died from carbon monoxide poisoning.
The HSE investigation showed that Precis Holdings Ltd failed to take reasonable measures to ensure, so far as was reasonably practicable, that the generator provided for their use was safe and without risks to the health of the security guards.
Mr Chukwudi failed to take effective steps to ensure that the petrol generator provided for the use of security guards was not operated within the building and he did not carry out or implement the findings of a risk assessment for the provision of a 24-hour security presence. He also had not provided Mr Etu with appropriate information, instruction and supervision in respect of the use of the generator.
HSE inspector Loraine Charles said: "Mr Etu's death in such distressing circumstances would have been completely avoidable had either Precis Holdings Ltd or Mr Chukwudi given sufficient thought to the implications of putting Mr Etu to work, alone, guarding this large empty building - or taken effective steps to prevent the operation of the generator inside the building."
Precis Holdings Ltd of Park Lane, Westminster pleaded guilty to breaching Section 4(2) of the Health and Safety at Work etc Act 1974. The company was fined £60,000 and ordered to pay costs of £24,515.
Obioma Chukwudi of Iona Cresent, Slough, Berkshire, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974. He was fined £30,000 and ordered to pay costs of £15,000.
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