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A workman carrying out fencing work on the M25 near Enfield was fatally crushed between a van and a safety barrier after a lorry jack-knifed on the motorway.
Carillion Highway Maintenance was carrying out repairs to overhead lighting in a nearby tunnel during August 2004 and, to permit the work to take place, the company arranged with Traffic Management (North East) Limited (TMNE) to set up an overnight contraflow.
CD Fencing and Construction Services Limited were removing and restoring safety fencing in the central reservation.
At the completion of the work, 2 employees of CD Fencing, were positioned in a closed lane waiting to reinstate the safety fencing so the traffic management equipment could be removed, allowing the tunnel to re-open, but as they prepared their materials and equipment for the task a lorry jack-knifed in the contra-flow system, hitting cones and a stationary CD Fencing van, sending it towards the workmen.
The deceased was crushed between the van and a safety barrier; his colleague escaped with a minor injury.
Carillion Highway Maintenance Limited admitted breaching s. 3 (1) of the Health and Safety at Work etc Act 1974 and was fined £200,000 with £50,000 costs. Traffic Management (North East) Limited admitted breaching s.2 (1) and s.3 (1) of the same Act and was fined £2,000 plus costs and is now in administration.
The jury at Southwark Crown Court did not agree on the charge against CD Fencing Limited under s. 2 (1) and it was formally acquitted when the prosecution concluded it was not in the public interest to proceed to re-trial.
The lorry driver was convicted of driving without due care and attention.
An HSE official commented:
'Although the lorry driver was not blameless, Carillion and TMNE failed to do enough to protect the deceased 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 collission 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 safeguards are followed when people are working on them.
CD Fencing and Construction Services Limited were removing and restoring safety fencing in the central reservation.
At the completion of the work, 2 employees of CD Fencing, were positioned in a closed lane waiting to reinstate the safety fencing so the traffic management equipment could be removed, allowing the tunnel to re-open, but as they prepared their materials and equipment for the task a lorry jack-knifed in the contra-flow system, hitting cones and a stationary CD Fencing van, sending it towards the workmen.
The deceased was crushed between the van and a safety barrier; his colleague escaped with a minor injury.
Carillion Highway Maintenance Limited admitted breaching s. 3 (1) of the Health and Safety at Work etc Act 1974 and was fined £200,000 with £50,000 costs. Traffic Management (North East) Limited admitted breaching s.2 (1) and s.3 (1) of the same Act and was fined £2,000 plus costs and is now in administration.
The jury at Southwark Crown Court did not agree on the charge against CD Fencing Limited under s. 2 (1) and it was formally acquitted when the prosecution concluded it was not in the public interest to proceed to re-trial.
The lorry driver was convicted of driving without due care and attention.
An HSE official commented:
'Although the lorry driver was not blameless, Carillion and TMNE failed to do enough to protect the deceased 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 collission 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 safeguards are followed when people are working on them.
