A highways maintenance company has been prosecuted after a worker was struck and killed by a vehicle during repair works in Devon.

South West Highways Limited (SWHL) of Rockbeare Hill, Exeter, Devon has pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work Act 1974. The company has been fined £500,000 with more than £17,924 in costs.

Exeter Crown Court heard how the 48-year-old road worker was working with colleagues to repair roads in Tiverton on 29 January 2013.

However, he was struck by a vehicle driven by a member of the public and sustained fatal injuries.


A Health and Safety Executive (HSE) investigation found SWHL failed to adequately identify the risks associated with the road repair work and moving traffic, and as a result the appropriate control measures were not implemented.

HSE said the incident could have been prevented had the correct safety measures been implemented, including signage, temporary speed limits, temporary traffic management and even closure of the road for a short period of time.

It was found the planning for this work activity had failed to consider the most appropriate way to manage traffic while carrying out the road repairs.

Speaking after the hearing, HSE inspector Caroline Penwill said: "The failures exposed in this case are alarming, given the clear and obvious risks associated with roadside work and highlight the importance of managing short term works on a high speed road.

"This incident could have been prevented had South West Highways implemented suitable traffic management for this work."

(LM/MH)