Are You Exposed?

Posted by on 10:27 am in News, Uncategorized | 0 comments

Legal Warning

By engaging an Independent Third Party to verify design and manufacturing is the best method to prevent human error and process errors which are two critical risks.  It also proves you have taken reasonable and practicable steps to prevent failure.

For more information view Incident Investigation service page on my website.





Construction boss sentenced for death of workers

Posted by on 12:57 pm in News | 0 comments


Project Manager from Canada has been sentenced to three-and-a-half years in jail following an incident in which four workers died and another was critically injured.

The incident happened after the workers fell 13 storeys from a scaffold outside a Toronto apartment building on Christmas Eve 2009.

The 40-year-old was found guilty in June 2015 of four counts of criminal negligence causing death and one count of criminal negligence causing bodily injury. Kazenelson was the project manager for Metron Construction on the apartment balcony repair job when the incident occurred at 2757 Kipling Avenue.

Forensic examination of the swing stage scaffold indicated a significant cause of the collapse was defective design and welding by the manufacturer.

The scaffold could hold 1,800 kilograms if properly designed which was more than the weight at the time of the collapse, the statement added.

Outside the University Avenue courthouse, Ontario Federation of Labour president Chris Buckley said this marks the first time a supervisor in Canada has been jailed for the death of a worker on the job.

He said, “It’s historic, and Justice has been served. It sends a strong message, and employers should have shivers up their spines today.”

Published By:  KHL on 13 January 2016

Construction Industry Raising The Standards

Posted by on 11:48 am in News | 0 comments

Balwin Crane Hire Guilty of Corporate Manslaughter

Screenshot 2016-01-06 11.34.11UK crane rental company Baldwins has been ordered to pay a total of £900,000 (US$ 1.3 million) after being convicted of the corporate manslaughter of one of its employees.

Driver Lindsay Easton, 49, died when the 130 tonne all terrain crane he was operating careered off an access road and ran into an embankment close to Scout Moor Quarry, Edenfield, in the north west of England, on 15 August 2011.

Easton, an employee of Baldwins Crane Hire Ltd, suffered catastrophic injuries and died at the scene.

It is believed his efforts to divert the vehicle away from a public road saved a greater tragedy which could have taken the lives of other road users.

Following a trial at Preston Crown Court, Baldwins Crane Hire Ltd was convicted of corporate manslaughter and failing to ensure the safety of other persons.

The court heard that in the four years since the accident the firm has updated its records to a computerised system and introduced a maintenance programme using outside contractors to prevent any such tragedy happening again.

Judge Pamela Badley, sentencing on 22 December, at Preston Crown Court, ordered the company to pay a £700,000 (US$ 1 million) fine and £200,000 ($300,000) in costs.

Outside court, Easton’s daughter, Chelsea, said, “He wasn’t ill, he didn’t put himself in a reckless situation. He went to work and he died in a situation that could have been avoided.”

Now the family is calling for compulsory MoT testing for all cranes and heavy plant machinery which uses public highways.

Easton, from West Yorkshire, was not driving his usual vehicle when the accident happened. As he drove down the steep zig-zag track Easton lost control of the vehicle and crashed into an earth embankment. The front of the crane was crushed.

John McNamara, Lancashire Police detective sergeant, said, “Health and safety is something you can’t take chances with. All employers must take that seriously so that we don’t have anything like this again.”

McNamara continued, “The brakes on the crane driven by Mr Easton that day were in a shockingly bad state and this was a disaster waiting to happen. Had this happened on a road with more vehicles this incident could have been even more serious than it already was.”


Published By:  Rachel Smith, KHL on 24 December 2015

Trench fatality – 2 managers charged with manslaughter

Posted by on 12:19 pm in News | 0 comments



Criminally Negligent, Manslaughter, Reckless Endangerment

A foreman and a site superintendent face manslaughter and other charges in connection with the death of a construction worker in an unprotected trench in New York City. 

The 13-foot deep trench collapsed, crushing construction worker to death.

Officials say the companies received multiple warnings about unsafe conditions at the construction site, including on the day of the cave-in. 

In February, an inspector noticed trenches at the site weren’t sloped or shored as required by OSHA. The inspector warned the companies about the trenches and also sent several email warnings.

At 9:45 a.m. on April 6, an inspector noted there was a seven-foot-deep unprotected trench (trenches must be sloped, shored or otherwise protected when they reach five-feet-deep).  The inspector notified Prestia and Cueva.

At 10:35 a.m., the same inspector noticed four workers inside the same trench which had reached 13 feet deep. The inspector told Cueva the workers needed to get out of the unprotected trench. Cueva refused to give an order to get out.

At about 11:30 a.m., Prestia told the workers in English to get out of the trench. However, the workers primarily spoke Spanish and didn’t get out of the excavation. About 20 minutes later, Cueva repeated the warning in Spanish.

Moments later, the trench collapsed, fatally crushing Moncayo, who was 22.

The New York City Department of Buildings immediately issued a stop work order against Harco and suspended its general contracting license.

Overview of Site (Photo taken by NYPD on day of collapse)

The two supervisors and two companies all face the same charges:

  • one count of second degree manslaughter
  • one count of criminally negligent homicide, and
  • four counts of second degree reckless endangerment.

The NYC DA says it’s still determining whether to charge higher-ups at the construction companies.

Officials say Moncayo was an undocumented worker. Moncayo had paid $500 out of his own pocket to take an OSHA-required course to learn how to build scaffolding.

“The irony here is too great,” said City Department of Investigations Commissioner Mark Peters. “An immigrant to this country scrapes together $500 to make sure he complies with the laws.  A company that can afford to do things right decides to cut corners, evade the law and gets that immigrant killed.”

DA Cyrus Vance Jr. said the two supervisors and their companies “recklessly disregard[ed] their professional responsibility to protect workers.”

Criminal prosecution of supervisors and companies in connection with employee deaths is still rare. However, federal OSHA has been referring more cases for possible prosecution, and local authorities in some areas, including New York City, have also been stepping up attempts to hold employers and individuals responsible for worker deaths.

Published By:  Safety & OSHA News on August 10, 2015


We recently posted a similar article on an accident that occurred on July 22nd when a trench collapsed, seriously injuring workers and Hassell Construction was fined $424k in Texas.


Incerto Engineering can assist business owners so you are not exposed to negligence.  For more information, please visit our website and read the warning on incident investigations.



Dual crane lift went horribly wrong

Posted by on 11:43 am in News | 0 comments

You can’t get a much higher risk or complex lift!



Dual crane lift from barge went wrong, injuring 20 persons on the new Juliana Bridge, Alphen, Netherland. The cranes were supposed to put a new movable bridge across the narrow canal into place. Already when the cranes took weight, the barge started to lift noticeably. Both cranes and the bridge toppled onto streets and buildings.

The pictures demonstrate the enormous damage in the street and there are at least four houses were hit, but the exact number is unknown.

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PPP can close the gap!

Posted by on 9:22 am in News | 0 comments

Public Private Partnerships


PPPs can close the gap!


Wherever in the world you look at the infrastructure market, there is a common theme. The need for investment is obvious, if not overwhelming, but the stumbling block is often finding the money. This applies in the developed world as well as fast-growing emerging economies, and finding the money is perhaps more difficult than ever in today’s austere times, as governments around the world look to cut their budgets and reduce their borrowing.  As a result, there is a stronger and stronger emphasis on public private partnerships (PPPs) to help close the gap, and this is a theme discussed in this month’s feature on the Asia-Pacific region, where Indonesia is just one example of a country looking to go down this route. But it has to be said that while PPPs have contributed to infrastructure investment around the world in the past, they have not really filled the gap between what is required in terms of investment and what is successfully implemented. But another interesting point in the wider PPP market is that there is fairly lively activity in what is termed the secondary market.


This is the sale of stakes in PPP concessions once construction is complete and they are operational. The reasons for this are understandable. Institutional investors like pension funds do not want the risk of financing a construction project. They do not understand the construction process in the same way contractors or consultants do, and there will always be nervousness about cost overruns and disputes. As well as these construction risks, there are other uncertainties in some types of PPP like toll roads.

The return on investment comes from road users, but if the traffic projections were wrong, the tolls are set too high or there are other deterrents to use, income will be below expectations. This is why the secondary market tends to focus on projects where construction is complete, and the project has been operational for a few years. This gives a clear picture of income, profits and therefore a valuation for potential investors.But for the construction industry, the more pressing need is to find ways of encouraging investment in PPPs from the outset, or being ‘bankable’ in PPP parlance. This is an area the sector is developing most rapidly, with governments and multi-lateral lenders looking at ways to make infrastructure schemes more attractive financial propositions.


Measures typically include government financing of feasibility studies and early surveys, increasing the publicly funded proportion of schemes, extending concession periods and facilitating financing on favourable terms.

The message is that governments may well look to PPPs to fill an investment gap, but there is still a cost to the public purse. PPPs are not a free ride.

Published By:  International Construction, Chris Sleight, 10 June 2015

Dropped Beam Proves Fatal

Posted by on 9:03 am in News | 0 comments

Rio de Janeiro, Brazil

A 20 metrer steel I-beam slipped from a mobile crane in Barra Mansa to the south of Rio de Janeiro, Brazil killing an elderly pedestrian.


The scene after the beam dropped


The beam dropped onto a residential street running alongside the site


The beam – part of a steel building – was being lifted by a Sany truck crane owned by the rental company Jocar, when its slipped out of the slings and dropped into the street below. It landed on a woman, Orecina Marta de Souza, 79, killing her instantly.

The incident occurred on Friday the 13th as she walked past the construction site – a hotel – with her son when it happened. He was also injured in the incident.

Published By:  Crane Accidents on 13 March 2015


Fellow Chartered Professional Engineer Award

Posted by on 9:56 am in News | 0 comments

Fellowship Awarded - Alec Shabanz



Incerto Engineering congratulates Alec Shabanz on being awarded with a Fellowship by Engineer Australia.

Alec was elected to the grade of Fellow Chartered Professional Engineer of The Institution of Engineers Australia on 9 April 2014.  The election recognises the important contribution to the profession and to Engineers Australia, and is the highest award given by the Institution.

Recipients of this award are recognised for their constant study and application, advance knowledge and skills to meet the challenging professional.

Alec received this award at the Engineers Australia Annual Division Meeting on 5 November 2014 presented by the Qld Division President, Blake Harvey and can now use the title of FIE Aust CPEng.

More images of the awards can be found on


Compactor Rollover Nearly Kills Operator

Posted by on 9:06 am in News | 0 comments

An excellent video demonstrating how using the wrong equipment together with wrong instruction can lead to a potential fatality.

I would recommend using this video as a training tool to increase staff awareness ensuring safety on site.

Published By: WorkSafe BC


China Launches A New Self Propelled Tower Crane

Posted by on 6:26 pm in News | 1 comment

collage - SPTC

Crane manufacturer Zhengzhou New Dafang Heavy Industry Science & Technology (NDF) in China has launched a new model in its QLY series, the QLY1560 self propelled tower crane.

The QLY1560 is designed to install 2.5 MW wind turbines. It has a capacity of 100 tonnes and a maximum lifting height of 100 metres, the manufacturer said.

The crane has a three-section telescopic truss structure and a four-bar linkage system, the manufacturer said. The crane can travel along 5 m wide roads and it can be erected within a 20 by 20 m area. Cranes from the manufacturer’s QLY series use a CAN bus system and can be operated either from the cabin or by remote control.

The QLY series crane has acquired more than 30 patents and passed the CE certification by TüV, the manufacturer said.

Published By:  KHL Magazine on 21 August 2014