£1.3m fine for contractor after pensioner killed

SOLIHULL-BASED Tarmac Trading has been fined £1.3m for its involvement in two separate incidents that resulted in a pensioner dying and another man being seriously injured.

It was prosecuted along with Liverpool City Council and Enterprise Liverpool for its failings during work to resurface one of Liverpool’s main arterial roads. 

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.”

Liverpool Crown Court heard how on July 3, 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.  However the temporary pedestrian lights were not working and no alternative was provided.

The court also heard that the following month on the August 19 2012, 69-year-old Ernest Haughton died after he was hit by a car while attempting to cross a single lane of traffic on the same road using a temporary pedestrian crossing.

 

However, following complaints from motorists, changes were made to the traffic control lights to alleviate congestion but this removed the natural break in traffic flow needed to allow pedestrians to cross the carriageway.

Tarmac Trading, which was 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.

A Health and Safety Executive (HSE) investigation found that Liverpool City Council failed to ensure that the arrangements for managing the roadworks were suitable, including failing to appoint a suitable co-ordinator for the work.

Instead they had sought to delegate responsibilities to Enterprise Liverpool Ltd.

The investigation also found that Enterprise Liverpool Ltd failed to ensure the designs for the traffic management were checked or approved, 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 Ltd of Portland House, Bickenhill Lane, Solihull, pleaded guilty to Section 3(1) of the Health and Safety at Work Act, 1974 and was fined £1.3 million and ordered to pay £130,000 costs.

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

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