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Highways Agency receives HSE sanction after traffic officer is killed at work (12 January 2015)

Date: 12/01/2015
Duncan Lewis, Personal Injury Solicitors, Highways Agency receives HSE sanction after traffic officer is killed at work

The Health and Safety Executive (HSE) has issued a Crown Censure to the Highways Agency, after a 59-year old traffic officer died after being struck by a car that was out-of-control on the M25.

John Walmsley of Doria Drive in Gravesend, Kent was dealing with an incident between junctions 4 and 5 clockwise on the M25 on September 25, 2012 when he died.

Mr Walmsley and a colleague were called to assist with a car that had spun round after heavy rain and was pointing on the wrong direction on the motorway.

Kentonline reports that Mr Walmsley and his colleague had towed the car to the hard shoulder and along with the car’s driver, were awaiting a recovery vehicle.

However, Mr Walmsley walked onto the hard shoulder to make a phone call and look out for the recovery vehicle – and was hit by a second car, which went out of control on the same bend, skidded across the carriageway and crashed into him.

Mr Walmsley died at the scene and the driver of the car which hit him was later convicted of causing death by careless driving.

The HSE investigation into the accident found failings in the Highways Agency’s quarterly supervision checks at its Dartford outstation – and despite the agency introducing in July 2011 formal quarterly supervision checks of traffic officers by a team manager, no checks had been carried out with Mr Walmsley between August 2011 and the date of his death.

The HSE also found that more than half the traffic officers at the Dartford depot had not undergone checks since July 2011 – and concluded that the Highways Agency had not provided the necessary supervision to ensure as far as reasonably practicable the health and safety of employees.

At Ashford Council, the HSE’s regional director for the Southern Division, Tim Galloway, issued the Crown Censure to Simon Sheldon-Wilson – the executive director of customer operations for the Highways Agency.

The Highways Agency cannot be prosecuted as non-government bodies are – and Crown Censures applicable to Crown employers are used instead of action in the criminal court.

After the censure was issued, investigating HSE inspector Guy Widdowson said:

“Mr Walmsley – who had worked as a traffic officer for seven years – was killed because he was not standing behind the safety barrier when a car crashed on the motorway.
“If the Highways Agency had conducted the necessary supervisory checks between July 2011 and his death the following September, it may have ensured he followed the correct safety procedures and prevented him from working the way he did.

“Without proper supervision, companies have no way of knowing if their specified control measures are up to date and are being properly used – it is a vital step in controlling risks in the workplace,“ Mr Widdowson added.

“This is the case for staff who work for the Highways Agency – or indeed any other similar organisation out on the UK road network – just as much as it applies to those who work within a more traditional environment.”

Duncan Lewis Personal Injury Lawyers – No win no fee Road Traffic Accident Claims

Duncan Lewis personal injury lawyers can advise members of the public and employees injured in Road Traffic Accidents (RTAs) as a result of another party’s negligence on how to make no win no fee compensation claims.

Road Traffic Accident claims have to be made within three years of the date of injury.

Low-value RTA Claims can be fast-tracked through the Ministry of Justice RTA Claims Portal. Claims for life changing injuries in a road traffic accident – such as spinal and head injuries or amputation – can be made in the civil court.

In cases in which a partner or spouse has died in a road traffic accident as a result of negligence, Duncan Lewis personal injury lawyers can advise bereaved families on how to make a no win no fee Fatal Injury Claim.

For expert legal advice on no win no fee Road Traffic Accident Claims, call Duncan Lewis on 020 7923 4020.


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