Battersea: The family of a Battersea security guard who died on duty in Balham is to take legal action against the companies responsible for his death.

Father- of-13 Olatunji Owolabi, 59, of Culvert Road, died of carbon monoxide poisoning while working alone on a one-night job at a London Underground building in Balham High Road on June 5 last year.

This week at Blackfriars Crown Court, his employer, security firm Wilson James Ltd, and London Underground were each fined £35,000 for causing his death by failing to ensure there was proper ventilation for a petrol generator inside the building.

The generator had been put inside the premises to provide lighting because it was not connected to mains electricity. But without anywhere to escape, the toxic fumes built-up and poisoned Mr Owolabi.

Both companies pleade d guilty to the charges, brought by the Health and Safety Executive (HSE), at a hearing in October at Marylebone Magistrates' Court.

Gavin Bye, the HSE inspector who led the investigation and subsequent prosecution said leaving a petrol generator in a building without proper ventilation was like "sitting in a car with the motor running in a closed garage".

He said both companies had failed to calculate and control risks on the job and failed to follow their own procedures for ensuring the safety of a lone worker.

He added: "These two things combined caused the tragic and totally unnecessary death of Mr Owolabi."

Mr Owobi's wife Omolara and five of his children the youngest of whom is just two live in Battersea. His eight other children live in Nigeria with family members.

His niece Shoala Yemi-Akiniyi is at the forefront of the family's efforts to bring a civil action against the two companies.

She said: "We are pleased with the result but nothing can bring him back.

"He has a wife and 13 children who he supported, working to send money back to Nigeria as well as looking after his family here and they no longer have him. We are going to take civil action to help protect his family's future now he has gone."

A spokesman for London Underground said after the sentencing: " We deeply regret the death of Mr Owolabi while working at our premises in Balham High Road and our deepest sympathies go out to his family."

The spokesman added London Underground was continually reviewing its working practices to ensure the safety of its workers and contractors to try to prevent tragedies like this occurring again.

December 24, 2001 11:30