Highways contractor Tarmac has been prosecuted along with Liverpool City Council and another company after two separate incidents during a city centre road works project.

One man was killed and another was seriously injured while attempting to cross the Queens Drive dual carriageway during a major resurfacing scheme in the summer of 2012.

Tarmac Trading Limited of Portland House, Bickenhill Lane, Solihull, pleaded guilty to Section 3(1) of the Health and Safety at Work etc. Act, 1974. It was fined £1.3 million with £130,000 in costs.

In addition, Enterprise Liverpool Limited of Newton Road, Liverpool, pleaded guilty to breaching Regulation 22(1) of the Construction (Design and Management) Regulations 2007 (CDM). It was fined £25,000 with £80,000 in costs.

Liverpool City Council also pleaded guilty to breaching Regulation 9(1) of the Construction (Design and Management) Regulations 2007 (CDM). It was fined £15,000 with £100,000 in costs.

Liverpool Crown Court heard how Enterprise Liverpool and Tarmac Trading were contracted to carry out the scheme by Liverpool City Council.

The first incident involved a 74-year-old man suffering head injuries after he was hit by a car using a crossing at temporary lights on 03 July 2012. One side of the 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 69-year-old Ernest Haughton died after he was struck by a car while attempting to cross a single lane of traffic on the same road on 19 August that year. Mr Haughton was using a temporary pedestrian crossing at the time, however following complaints from motorists, changes were made to the traffic control lights to alleviate congestion. This following complaints from motorists, changes were made to the traffic control lights to alleviate congestion.

An investigation by the Health and Safety Executive (HSE) found the council had failed to make sure arrangements for managing the roadworks were suitable, including failing to appoint a suitable co-ordinator for the work. These responsbilities were instead delegated to Enterprise Liverpool.

HSE's investigation also found that Enterprise Liverpool 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 was responsible for the provision and installation of the traffic and pedestrian management. However, it 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.

HSE Inspector Jacqueline Western said the incidents could have easily resulted in two fatal incidents.

"The risks associated with road works are well known in the industry and specific guidance is available to assist with the planning and implementation," she said.

"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.

"The combined failure of all three dutyholders to comply with their duties on more than one occasion during the Queens Drive resurfacing project, led to one man losing his life and another suffering serious injury.

"By engaging with the entire project team at the very start of a project, clients like Liverpool City Council, can ensure that a good health and safety culture is embodied throughout the life of the project. Ongoing communication and cooperation between the principal contractors and sub-contractors ensures that the project is being adequately planned, managed and monitored."

(LM/CD)