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MAJOR CONTRACTOR FINED £1.8M OVER ROAD DEATH

Road planer operation put roadworks pedestrians at risk of injury

A project Principal Contractor and a road building Contractor have been sentenced after a workman was struck and died whilst working on roadworks near Lidgate in Suffolk in May 2014.

Ipswich Magistrates heard that Kier Integrated Services Ltd was the Principal Contractor for the roadworks and Sean Hegarty Ltd was the sub-contractor during work to repair the surface of the road which was under a contract between Kier Integrated Services Ltd and Suffolk County Council.

Workers were using a road planer to remove the tar from the south bound side of the road whilst on the north bound side traffic lights controlled the direction of the traffic.

During this operation, the driver of the contractor’s flatbed lorry observed a roadworks colleague lying in the road to the offside rear of his vehicle. The vehicle had been reversing slowing behind the road planer conveyor belt to collect the debris planed from the road surface.

The man was taken to hospital, but died of his extensive injuries.

Traffic passing close at 60mph

The prosecution told the court that the defendants failed to ensure that the operation of the road planer was carried out in such a manner to ensure vehicles and pedestrians could move safely around the roadworks without exposing persons to risks to their health and safety.

  • Kier Integrated Services Ltd – of Tempsford Hall, Sandy, Bedfordshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £1.8million and ordered to pay £12,405 in costs (plus a victim surcharge of £120).
  • Sean Hegarty Ltd – of 85 High Road West, Felixstowe, pleaded guilty to breaching Section 2(2) of the Health and Safety at Work etc Act 1974 Suffolk. The company was fined £75,000 and ordered to pay £12,405 in costs (plus a victim surcharge of £120).

Speaking after the hearing, HSE Inspector David King said:

“The planning of roadworks needs to start by considering the design, and how road workers and members of the public will be protected from moving vehicles, this could mean road closures, reducing speed limits or other measures. Whatever the controls in place, those in the area need to have sufficient space, barriers and controls to ensure the risks to them are minimised.

In this instance the only control measures in place were cones along the centre of the road, and traffic was allowed to pass at 60mph, close to the workers who were not provided with a safety zone given the lack of space. Had adequate controls and a safe system of work been in place this terrible incident could have been prevented.”

Guidance on managing roadworks is available in The Secretary of State for Transport “Safety at Street Works and Road Works” Code of Practice, known in the industry as Chapter 8, or the Red Book.

 

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