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Coroner asks HSE to act on fatal road worker practice

road worker practice
(Image: Błażej Łyjak via Dreamstime.com)

A coroner has raised concerns about the common practice among road maintenance workers to use the space between the rear axles of trucks to urinate after a man was fatally run over.

Brendan Joseph Allen, coroner for the Dorset area, issued a safety warning following the death of Thomas McAuley, who was hit by a 32-tonne grab lorry.

McAuley was employed by Kiely Brothers Limited (KBL) as part of a crew of workers undertaking road resurfacing works. On 5 July 2022, around 11am, he placed himself within the area between the third and fourth axles of a four-axle grab lorry that was on site so he could urinate. 

The driver of the grab lorry was unaware of McAuley’s presence within this area and moved the grab lorry forward a short distance and at low speed, causing McAuley catastrophic injuries that caused his death.  

The inquest evidence heard that it is common practice for roadwork staff to use the space between the rear axles of LGVs to urinate, even when a welfare van has been provided on site.

A witness who had worked for at least one company as part of a roadwork crew before joining KBL gave evidence that it was a practice that he was aware of “since starting on the roads”. 

‘Urgent action should be taken’

Although it would seem that KBL employees no longer engage in this practice, likely because of the tragic death of McAuley, there was no evidence available at the inquest to suggest his death had had an impact on the industry more widely. 

Allen raised concerns about this practice and said “there remains a risk of future deaths”.

“I am not aware of any safety notice(s) being issued since Mr McAuley’s death or any wider publicity that may have highlighted the risk,” Allen wrote in his report to the chief executive of the Health and Safety Executive (HSE). “Ensuring that companies undertaking road resurfacing work or similar are made aware of the risk that this practice is ongoing will enable them to take measures to address this potential ongoing risk.

“In my opinion, urgent action should be taken to prevent future deaths and I believe you and/or your organisation have the power to take such action.”

HSE has to respond to Allen’s report by 27 September 2024 with proposed actions to be taken, including a timetable.

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