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Council prosecuted after motorcyclist dies in collision with road sweeper (21 December 2015)

Date: 21/12/2015
Duncan Lewis, Legal News Solicitors, Council prosecuted after motorcyclist dies in collision with road sweeper

The Health and Safety Executive (HSE) has prosecuted Sevenoaks District Council in Kent, after a member of the public was killed when he collided with a council road sweeper.

On 13 September 2010, a council road sweeper lorry was cleaning the outside of a dual-lane slip road, when 58-year-old Derek McCulloch drove into the back of the sweeper on his motorbike.

The road sweeper had been travelling at approximately 4mph – and there was a bend in the road which most likely prevented the motorcyclist from seeing the road sweeper. Mr McCulloch was pronounced dead at the scene.

Despite the road sweeper having flashing beacons and a 360 sign on the back – a large arrow that indicates vehicles should pass by – an HSE investigation found there should have been significantly more controls in place for sweeping the stretch of road.

The HSE investigation also found there was no road-specific risk assessment in place – just a generic assessment covering all road sweeping activities carried out by Sevenoaks District Council. However, this did not identify all suitable control measures needed for sweeping the dual-lane slip road on which Mr McCulloch was killed.

At Maidstone Crown Court, Sevenoaks District Council was fined £50,000 and ordered to pay £32,000 in costs, after pleading guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE Inspector Guy Widdowson said:

“Competent risk assessments are essential when carrying out any significant task.

“These risk assessments need to identify the appropriate controls – and such controls need to be implemented and checked to ensure they remain suitable and sufficient.

“Relevant industry guidance is there to be viewed when deciding what controls are needed.

“This incident shows how important it is for local councils, and other companies, to properly assess the risk of work tasks. If the task had been properly risk assessed, planned and suitable controls used Mr McCulloch would not have been killed.

“This is truly a tragic case and was entirely preventable.”

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