Food Safety
The worker was carrying out fencing work close to the Holmesdale Tunnel section of the M25 near Enfield, when he was crushed between a van and a safety barrier after a lorry jack-knifed on the motorway.
During the Health and Safety Executive (HSE) prosecution Southwark Crown Court was told the construction firm was carrying out repairs to overhead lighting in the tunnel in August 2004.
To allow the repair work to take place, the construction firm arranged with the subcontractor to set up an overnight contraflow. A fencing contractor were removing and restoring wire rope safety fencing in the central reservation.
The court heard after the repair work had been completed, two workers of the fencing subcontractor were in a closed lane waiting to reinstate the safety fencing so the traffic management equipment could be removed, allowing the tunnel to re-open.
The two workers were preparing their materials and equipment for the task when a lorry jack-knifed in the contraflow system. The lorry hit cones and a stationary van, sending the van careering towards the hard shoulder. The lorry passed within a metre of the first worker.
The second worker was later found pinned between the van and a safety barrier at the rear of the hard shoulder. He was pronounced dead at the scene. An employee of the traffic management subcontractor was knocked over by a traffic cone and suffered a broken wrist.
The highway maintenance firm pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £200,000 with £50,000 costs. The traffic management firm was found guilty of breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and fined £2,000 with costs of £120,000, it is in administration. The jury did not agree on the charge against the fencing contractor under Section 2(1) of the Health and Safety at Work etc Act 1974 and was formally acquitted when the prosecution concluded it was not in the public interest to proceed to re-trial.
The driver of the lorry had been previously convicted of driving without due care and attention in a case brought by the Crown Prosecution Service.
After the hearing, a HSE Inspector said:
"Although the lorry driver was not blameless, failed to do enough to protect the victim 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 collision 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 safe guards are followed when people are working within them."