A local authority (acting as a CDM Client) and its two contractors have been fined in excess of £1.5 million following two incidents involving roadworks on a busy Liverpool city centre road. A man died and another was seriously injured while attempting to cross Queens Drive in Liverpool during major resurfacing works which happened in the summer of 2012.
CDM Client fined more than £1.5m
In the case, heard at Liverpool Crown Court, it was reported that on the 3 July 2012 a 74-year-old man suffered head injuries after he was hit by a car while using a crossing at temporary lights. One side of the Queen’s Drive dual carriageway had been put into a contraflow to allow vehicles to travel in both directions but temporary pedestrian lights were not working and no alternative was provided.
The Court also heard that on the 19th August 2012, 69-year-old Ernest Haughton died when he was struck by a car whilst crossing a single lane of traffic on the same road using a temporary pedestrian crossing.
Following complaints from motorists changes were made to the traffic control lights to alleviate congestion but this resulted in the removal of the natural break in traffic flow needed to allow pedestrians to safely cross the carriageway.
When Mr Haughton died the temporary lights were removed but no alternative control measures were put in place to enable pedestrians to cross. In addition, a large A-frame sign was placed on the crossing which obscured the view of both pedestrians and motorists.
Liverpool City Council 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.
HSE investigators found that Liverpool City Council had failed to ensure that the arrangements for managing the roadworks were suitable, including failing to appoint a suitable co-ordinator for the work. Instead the council sought to delegate responsibilities to Enterprise Liverpool Limited who 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.
HSE found that Enterprise Liverpool Limited failed to ensure the designs for the traffic management were checked or approved and failed to check that the construction plan for pedestrian routes and provision of barriers was being followed. At the time of the incidents they were found not to have provided a safe means of pedestrians crossing the works area or the carriageway.
Tarmac Trading Limited of 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.
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.
HSE Inspector Jacqueline Western commented:
“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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