31 January 2008

After a six-year legal case Hatton Traffic Management (HTM) has been cleared of safety failures over the deaths of two workers.

Following the verdict, the HSE defended its decision to pursue the prosecution, which is estimated to have cost £1 million.

Fred Cook and John Crimmins were electrocuted in January 2002 alongside the A66 in County Durham when the 9m mobile tower light they were moving touched 20,000-volt overhead power lines. An inquest into their deaths in 2003 returned a verdict of accidental death.

The HSE decided to bring safety charges against Newcastle-based HTM, and in 2006 the case reached the Court of Appeal after the HSE appealed a judge's decision at a pre-trial hearing.

HTM wanted to bring evidence that the men had been trained in the safe use of the tower lights but had ignored warning signs at the site on the day. The HSE objected on the basis that Hatton's inability to foresee what employees might do despite their training was irrelevant to a defence that it had done all that was reasonably practicable; and, secondly, that Regulation 21 of the Management of Health and Safety at Work Regulations stopped the firm relying on employees' failure to follow instructions.

The judge rejected the HSE's arguments and his decision was upheld by the Court of Appeal.

The case finally came to trial at the beginning of this year. HTM pleaded not guilty to charges of failing to carry out a suitable risk assessment and failing to provide and maintain a safe system of work.

On 30 January, the jury at Teesside Crown Court cleared HTM on both counts.

After the verdict, HTM's managing director, Marshall Bailey, said the case should never have got to court: "We provided sufficient evidence to have dissuaded the HSE from bringing this prosecution, but it went ahead regardless."

In a statement, the HSE said: "The Health and Safety Executive took this case forward in good faith and, while we are disappointed with the verdict, we respect the court's decision."

The principal contractor for the works, Colas, pleaded guilty at an earlier hearing to breaching the Health and Safety at Work, etc Act and awaits sentence.

Categories:
Construction, Risk assessment, Risk assessment, Prosecutions, Safe systems of work, Safe systems of work