£37,000 FINE FOLLOWING FATAL ROAD ACCIDENT

HSE Press Release: E067-04 - 13 May 2004

Four construction companies were yesterday, 12 May 2004, fined a total of £37,000 for breaches of health and safety legislation, at Medway Magistrates' Court.
The prosecution follows an investigation by Kent Police and the Health and Safety Executive into an incident in which two vehicles collided on the A229 at Buckmore Park near Chatham on 15 November 2001. The driver of one of the vehicles, Mr Ian Cheverst, was killed and his wife was injured. A sliproad onto the A229 had earlier become contaminated with mud, from a construction site exit.

Costain Ltd based in Maidenhead, Berkshire, Skanska JV Projects Ltd based in Rickmansworth, Herts, Mowlem PLC based in Isleworth, Middlesex and Ovendens Earthmoving Co Ltd based near Canterbury, Kent all pleaded guilty to a breach of duties under Section 3(1) of the Health and Safety at Work etc. Act 1974, in that they failed to ensure that persons not in their employment were not exposed to risk to their safety.

Ovenden Earthmoving Co Ltd were fined £16,000 and £2,740 costs. Costain Ltd, Skanska JV Projects Ltd and Mowlem PLC were fined £7,000 and £910 costs respectively.

John Underwood, HSE Inspector, said:
"The critical issue in this case is that even for small companies, those involved in doing the work must be properly briefed by those planning the work, so that people know what to do if things go wrong. Sadly this did not happen in this case."

Notes to editors

1. Section 3 (1) of the HSW Act states, "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

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