A road maintenance company has been prosecuted after a motorist died when his car hit an unmarked maintenance vehicle on the hard shoulder of the M6.

The Health and Safety Executive (HSE) investigation found Cumbrian Industrials guilty of several failings, including inconsistency in the positioning of traffic cones between the hard shoulder and lane one of the motorway, which caused ‘uncertainty to motorists’ about whether the hard shoulder should be used.

In May 2004, Graham Campbell hit an unlit contractor’s vehicle parked on the hard shoulder of the M6 just past junction 35, near Carnforth. The accident occurred at approximately 11.30pm, as Mr Campbell was travelling north on the motorway.

The HSE found that Cumbrian Industrials failed to provide detailed drawings for a change in the layout of the traffic cones, after the original plans were altered. Investigators also found that the cones were not moved back into place after a white line between lanes one and two had been repainted.

On Tuesday (15/12/09) at Preston Crown Court, Cumbrian Industrials Ltd of The Ridge, Chipping Sodbury in Bristol pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 for failing to ensure the safety of the public. The company was fined £65,000. The judge presiding deferred a decision on costs.

After the hearing, the HSE’s Principal Inspector for traffic management, Joy Jones, said motorway roadworks could be ‘very dangerous places’ for both workers and the travelling public, unless 'a high degree of control' were maintained. Ms Jones said that Cumbrian Industrials was ‘legally required to make sure this was the case’.

‘Everyone involved in roadworks should learn from this tragedy and consider whether

they are doing enough to prevent deaths and injuries,’ said Ms Jones.

‘Roadworks always need to be managed with great care to ensure the safety of both

construction workers and road users – there should be clear signing and a consistent

use of traffic cones.

‘The company should have carefully planned and co-ordinated the work of its subcontractors. A new route through the roadworks should not have been opened until the carriageway was clear of obstructions and the correct signs and cones were in place,’ said Ms Jones.

The HSE says that, over the past seven years, 11 members of the public have died in

incidents relating to the construction and maintenance of roads, airfields and sports facilities.

‘We will not hesitate to take action against construction companies who fail to comply with the law,’ added Ms Jones.

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