Construction firms fined following road death

HSE Press Release: E114:04 - 5 August 2004

Two construction firms were fined a total of £40,000 at Isleworth Crown Court, London, following an investigation by the Health and Safety Executive (HSE) into the death of Mr Mark Lewis, aged 21, on 26 February 1999 during the muck away operation at the Lakeshore site on Bedfont Road, Middlesex.

Foundation Developments Ltd (FDL), of Clarendon Road, Wallington, Surrey and Exterior International Plc, of Appold Street, London EC2A, pleaded guilty to breaching Sections 3(1) of the Health and Safety at Work Act 1974, in that they failed to ensure persons not in their employment, including Mr Lewis, were not exposed to risks to their safety. Mr Lewis, from Sunbury, was driving along Bedfont Road when his car skidded on mud from the site and crashed into an oncoming delivery van. He later died as a result of his injuries.

FDL had been hired by the principle contractor Exterior to remove 40,000 cubic feet of material from the Lakeshore development at Bedfont Lakes, Middlesex. Whilst leaving the site, the trucks used to remove the material were leaving deposits of clay on the road, which the road cleaner FDL used was unable to clean away.

Exterior and FDL were each fined £20,000 and both were ordered to pay costs of £30,000.

Notes to editors

1. Section 3 (1) of HSWA 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 and safety."

2. The maximum penalty for a breach of Section 3(1) of the HSWA in a Crown Court is an unlimited fine.

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