According to the HSE, John Walmsley from Gravesend in Kent attended an incident on the M25, between junctions 4 and 5 clockwise, on 25 September 2012 with a colleague. They were faced with a car that had spun around after heavy rain, ending up pointing in the wrong direction in a live lane on the motorway.
Mr Walmsley and his partner had towed the vehicle to the hard shoulder and the pair, along with the car’s driver who was unhurt, were awaiting a recovery vehicle.
Mr Walmsley then walked down the hard shoulder, and was using his phone, to keep his eye out for the truck when a second car went out of control on the same bend, skidded across the carriageway and hit him. He died at the scene. The driver was subsequently convicted of causing death by careless driving.
The Health and Safety Executive (HSE), which investigated, said it took the decision to deliver a Censure after identifying failures in the Highways Agency’s quarterly supervision checks at the Dartford outstation.
The Censure was administered at Ashford Borough Council by HSE’s Regional Director (Southern Division) Tim Galloway.
Mr Galloway said: ‘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.
‘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.’
The Highways Agency cannot face prosecution in the same way as non-Government bodies. Crown Censures are agreed procedures applicable to Crown employers instead of criminal proceedings.
