Waste-management giant Veolia Environmental Services must pay more than £320,000 in penalties following a vehicle collision that killed a worker who was collecting litter on a busy road.
On 2 March 2007, agency worker Damian Griffiths, 20, was litter-picking on a grass verge on the A228 in East Peckham, Kent. An employee of Veolia was driving a company caged vehicle alongside him, and Mr Griffiths was placing the rubbish inside the cage.
An LGV travelling in the same direction collided with the rear of the caged vehicle, shunting it into Mr Griffiths before the Veolia vehicle spun and rolled into a ditch. Mr Griffiths was killed instantly but both drivers escaped with only minor injuries.
HSE inspector, Caroline Penwill, said: “Veolia failed to ensure Mr Griffiths’ work activity was safe and properly planned. As a result of its failure a man has died. This has had devastating consequences for Damian Griffiths’ family.
“Litter-picking near busy roads can be a high-risk activity if not properly planned. Veolia was responsible for managing these works, but in this case did not properly protect the roadside crew from oncoming traffic. Other road users were also put at risk. This is unacceptable.”
Veolia Environmental Services (UK) Ltd appeared at Maidstone Crown Court on 5 October and pleaded guilty to breaching s2(1) and s3(1) of the HSWA 1974. It was fined £25,000 for the first offence, £200,000 for the other breach, and was ordered to pay £95,239 in costs.
In mitigation, the firm said it has changed the method of work to ensure a safety zone is implemented, which allows workers and vehicles to be kept clear of passing traffic.
Veolia Environmental Services’ executive director, Richard Berry, revealed that the company “deeply regrets” the incident but will be appealing against the sentence. He said: “No workplace accident is acceptable. Both legally and morally we have an obligation to take all reasonable steps to prevent such accidents.€ﾨ€ﾨ“We are disappointed with the jury’s verdict, as we believe this was the result of a road traffic accident and based on this, we are seeking to appeal this matter.
€ﾨ“We take a proactive approach to a safe working environment and continually invest in training and equipment to reduce accidents and to generally develop a culture of environmental and safety awareness. In addition, since this incident occurred the HSE has endorsed clearer guidelines on what is required when litter-picking operations are taking place along the roadside.”
Concluded inspector Penwill: “Those responsible for managing roadside jobs must ensure that safe systems of work are in place, and measures are taken to safeguard workers and members of the public.”
On 11 February, Veolia appeared at Aylesbury Crown Court after an employee was killed when a 1100-litre recycling bin fell on his head. It pleaded guilty to breaching s2(1) and s3(1) and was fined £130,000 and ordered to pay £220,000 in costs.
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