Workplace Report March 2023

Health & safety - HSE Monitor

£4.4 million fine levied

Civil engineering company Kier has been handed down a “significant” fine of more than £4.4 million after its workers struck overhead powerlines while carrying out overnight road works on the M6 motorway near Sandbach in Cheshire. Its failings put workers and those using the motorway in significant danger.

The HSE safety regulator prosecuted the company following incidents in March 2018, when an overhead powerline landed in the motorway, and in January 2019, when an overhead cable hit a lorry. The company failed to immediately tell the Scottish Power energy company about the first incident, meaning the cable was reenergised a number of times while it was lying on the motorway and vehicles were passing.

The HSE found that Kier had failed to adequately plan the work in the first incident. The vehicle being used was unsuitable despite other more suitable ones being available. In addition, there was no task-specific risk assessment available for the workers. In the second incident, workers said that they were unaware of the overhead hazards.

After pleading guilty to breaches of the Health and Safety at Work etc Act 1974 and the Construction (Design and Management) Regulations 2015, Kier Infrastructure and Overseas Limited was fined £4.415 million and ordered to pay costs of around £87,760 at Manchester Crown Court.

The fine is significantly higher than those handed down following other HSE prosecutions this year. These include a number involving work-related fatalities and averaged around £243,600.