Newport roadworks company fined over M4 death

Date:

20 October 2010

Release No:

W1810AP

A Newport traffic management company has been sentenced after an employee was struck and killed by a vehicle when working on the M4 near Cardiff.

Sean Luke Hale, 30, from Cwmbran, was hit by a car while crossing the carriageway to collect traffic cones from the central reservation during road resurfacing of the busy motorway in 2006.

A Health and Safety Executive (HSE) investigation found Mr Hale's employers, R P Traffic Management Ltd, failed to ensure that a safe system of work was in place that included the use of appropriate signs to warn drivers that workmen were on the carriageway at the time.

Cardiff Magistrates Court heard Mr Hale was working with a colleague at around 9.30pm on 8 September 2006 when the incident happened.

As trainees, both men were being supervised at the time but the quality of supervision was called into question. The court heard both men were observed crossing the carriageway in a dangerous manner on a number of occasions on the same night.

R P Traffic Management Ltd, of Factory Road, Newport pleaded guilty to failing to ensure the safety of two trainee traffic management operatives under Section 2(1) of the Health & Safety at Work Act 1974. It was fined £100,000 and ordered to pay £22,000 costs.

The firm install and remove signage, cones and other materials to manage the flow and speed of traffic when construction works and other activities take place on roads.

HSE inspector Wayne Williams said:

"On the night in question, the gang of three workers consisted of one foreman and two trainees. This was not adequate supervision in what is a high risk working environment. 

"Trainee roadworkers should always be under a high level of supervision when undertaking this kind of work as part of an overall safe system of work on the job.

"Everyone involved in work on high speed roads should learn from this tragedy and consider whether they are doing enough to prevent needless deaths and injuries. Motorway works can be very dangerous places unless a high degree of control is maintained.

"Advanced warning signs should always be used when people are working on motorway roadworks to alert drivers that people may be in the road and exercise caution as they approach."

Notes to editors

1. Regulation 2(1) of the Health & Safety at Work Act 1974 states that it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
2. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the Health and Safety Executive by COI News and PR Wales