Road repair worker death sees city council fined £2m

Cardiff Crown Court has fined Newport City Council £2m after a road worker was killed while carrying out repair works.

The Health and Safety Executive, which led the prosecution, claimed the local authority did not take all reasonably practicable steps to organise a safe working environment for Stephen Bell, who was killed by a passing farm vehicle.

Bell was struck by the vehicle while barrowing tarmac from the back of the local authority's tipper lorry on Langstone Court Road, Newport.

The HSE said the council should have ensured there was a suitable and sufficient safety zone between the road works area and the running lane (the live part of the carriageway).

It also claimed the perimeter of the road works site should have been secured against road workers entering the running lane.

The council pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974.

Section 2(1) provides 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."

Section 3(1) says: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

Speaking after the hearing, HSE inspector Philip Nicolle said: "The council's failures have had a devastating impact on Stephen Bell's family.

"This tragic incident could so easily have been avoided if the council had simply carried out correct control measures and safe working practices.

"We will not hesitate to take action against those that fall below the required standards."

A spokesperson for the council said: "Newport City Council is extremely sorry for the death of Stephen Bell in 2019, he was a respected and valued colleague. We again offer our sincere condolences to his family for their loss.

"The council takes its health and safety responsibilities very seriously at all times. A guilty plea was entered at the earliest opportunity."

It said policies, procedures and training were in place at the time of the incident - "however, thorough and in-depth reviews have also been carried out since the incident".

Health and safety resources have been increased, procedures have been strengthened, and additional training has been introduced, according to the spokesperson.

"The council has learned from this tragic incident and has taken every step to try and ensure this is not able to happen again," the statement added.

Adam Carey