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Posts Tagged ‘accident at work’

The death of a maintenance worker on the M25 near Enfield has resulted in the Health and Safety Executive successfully prosecuting two firms.

Christopher Lewis was carrying out work for Carillion Highway Maintenance Limited in August 2004 when the accident occurred. In order to complete repairs on a section of overhead lighting in Holmesdale Tunnel, Carillion Highway Maintenance Limited subcontracted CD Fencing and Construction Services Limited to install and remove wire rope safety fencing in the central reservation.

While Mr Lewis and a colleague were preparing to install new safety fencing, a lorry jack-knifed as it entered the contraflow system that had been set up nearby. The lorry slid towards the workers and struck a van belonging to CD Fencing and Construction Services Limited. Sadly, Mr Lewis was trapped between the van and a safety barrier and died almost instantly at the scene.

Gavin Shaw, an employee of Traffic Management (North East) Limited, was injured during the accident after being knocked over by a traffic cone. Mr Shaw sustained a broken wrist.

Appearing at Southwark Crown Court, Carillion Highway Maintenance Limited was fined £200,000 and ordered to pay costs of £50,000. Traffic Management (North East) Limited was fined £2,000 with £120,000 in costs, after pleading guilty to separate charges. All charges against CD Fencing and Construction Services Limited were dropped. The lorry driver was convicted of driving without due care and attention in a separate case launched by the Crown Prosecution Service.

Health and Safety Executive inspector, Andy Beal, said: “Although the lorry driver was not blameless, Carillion and TMNE failed to do enough to protect Mr Lewis and others working in the road that night. Speed limits were too high, there was a poor cone layout through the contraflow and there was inadequate management of subcontractors.

“Had both firms met their legal responsibilities, this collision could have been avoided. The risks associated with work on high speed roads are well known and it is vital traffic management systems are correctly set up and well established safe guards are followed when people are working within them.”

Personal injury claims involving road traffic accidents are common in the UK. In the present case, more careful planning of the task at hand would have likely prevented the accident or at least controlled the risk to a certain extent. Employers must ensure that their duty of care to protect the health, safety and welfare of workers is upheld at all times.

The original article can be found at First4lawyers.com