A CDM client and two contractors have been fined in excess of £1.5m after safety failings led to the death of one man and left another with serious injuries
Liverpool City Council and two local contractors have been fined more than £1.5m following safety failings.
The fine covers two separate incidents involving roadworks on a busy city centre road in 2012.
The case was brought before Liverpool Crown Court and revealed how a 74-year-old man sustained head injuries after being hit by a car while using a crossing at temporary lights. However, the lights were not working and an alternative was not in place.
The second incident involved a 69-year-old man who died after being struck by a car also using a temporary pedestrian crossing.
Traffic control lights did not provide pedestrians opportunity to cross
Complaints from motorists led to changes being made to traffic control lights to reduce congestion, but this removed the break in traffic flow to allow pedestrians to cross the carriageway.
After the pedestrian died temporary lights were removed with no alternative measures put in place. Furthermore, a large A-frame sign obscured the view of pedestrians and motorists after it was placed on the crossing.
The investigation carried out by the Health and Safety Executive (HSE) found the city council did not appoint a suitable co-ordinator for the work, instead delegating responsibility to Enterprise Liverpool Limited.
Traffic management plans were not approved
Inspectors also found Enterprise Liverpool Limited had not approved the plans for traffic management. Furthermore, pedestrian routes and the provision of barriers were not checked, meaning at the time of the incidents there were no safe means of crossing the works area or the carriageway.
The second contractor, Tarmac Trading Limited, had responsibility for the provision and installation of traffic and pedestrian management. HSE found it failed to provide alternative assistance for pedestrians at the time of the first accident, even though the firm was aware the lights were broken.
Fines levied at CDM client and contractors
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.
Enterprise Liverpool Limited 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 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.”
