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October 21, 2016

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Council fined after man dies and another injured in roadworks

Liverpool City Council and two of its contractors have been prosecuted after a man died and another was seriously injured in roadworks taking place in a busy city centre road.

The men were attempting to cross Queen’s Drive in Liverpool during major resurfacing works in July 2012.

Liverpool Crown Court heard that a 74-year-old man was hit by a car while using a crossing at temporary lights, and suffered head injuries. One side of the dual carriageway on Queen’s Drive had been put into a contraflow to allow vehicles to travel in both directions.

However, the temporary pedestrian lights were not working and no alternative was provided.

The following month in August 2012, 69-year-old Ernest Haughton died after he was hit by a car while he was attempting to cross a single lane of traffic on the same road using a temporary pedestrian crossing.

Following complaints from motorists, changes had been made to the traffic control  lights to alleviate congestion, however this removed the natural break in traffic flow that was needed in order to allow pedestrians to cross the carriageway.

Enterprise Liverpool Limited and Tarmac Trading Limited were contracted by Liverpool City Council to carry out the works.

 

An investigation by the Health and Safety Executive found that Enterprise Liverpool Limited:

  • failed to ensure the designs for the traffic management were checked or approved;
  • failed to ensure the construction plan for pedestrian routes and provision of barriers was being followed; and
  • at the time of the incidents provided no safe means of pedestrians crossing the works area or the carriageway.

Tarmac Trading Limited who were responsible for the provision and installation of the traffic and pedestrian management failed to provide alternative assistance for pedestrians at the time of the first incident despite it being known that the temporary lights were broken. A temporary bus stop had also been placed in the middle of the road at the crossing.

When Mr Haughton was killed the temporary lights had been removed but no alternative control measures were put in place to enable pedestrians to cross the live lane of traffic. In addition a large A-frame sign was placed on the crossing obscuring the view of both pedestrians and motorists.

Liverpool City Council of Dale Street, Liverpool, pleaded guilty to breaching Regulation 9(1) of the Construction (Design and Management) Regulations 2007 (CDM) and were fined £15,000 and ordered to pay £100,000 costs.

Enterprise Liverpool Limited of Newton Road, Liverpool, pleaded guilty to breaching Regulation 22(1) of the Construction (Design and Management) Regulations 2007 (CDM) and were fined £25,000 and ordered to pay £80,000 costs.

Tarmac Trading Limited of Portland House, Bickenhill Lane, Solihull, pleaded guilty to Section 3(1) of the Health and Safety at Work etc. Act, 1974 and were fined £1.3 million and ordered to pay £130,000 costs.

Speaking after the case HSE inspector Jacqueline Western said: “The risks associated with road works are well known in the industry and specific guidance is available to assist with the planning and implementation.

“It is not unreasonable to expect that those who regularly engage in this type of construction work should be well aware of their roles and responsibilities.

“The combined failure of all three dutyholders to comply with their duties on more than one occasion during the Queens Drive resurfacing project, led to one man losing his life and another suffering serious injury. It could quite easily have been two fatal incidents.

“By engaging with the entire project team at the very start of a project, clients like Liverpool City Council, can ensure that a good health and safety culture is embodied throughout the life of the project. Ongoing communication and cooperation between the principal contractors and sub-contractors ensures that the project is being adequately planned, managed and monitored.”

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Barry

Should the report not say Regulation 12 of the CDM regulation. Regulation 22 refers to excavations

peter Tanczos
Hi Barry, They were prosecuted under CDM 2007 not CDM 2015, Reg 22 (1) under the old 2007 regs relates to Principal Contractor duties. Regulation 22(1) The principal contractor for a project shall— (a) plan, manage and monitor the construction phase in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health or safety, including facilitating— (i) co-operation and co-ordination between all persons concerned in the project (ii) the application of the general principles of prevention throughout the design & construction of a project (b) liaise with the CDM co-ordinator in… Read more »