Council contractor ordered to pay more than £270k over car crash death

A company contracted by Breckland District Council to carry out litter picking work has been fined £240,000 after a man was killed when the lorry he was a passenger in crashed into litter picking vans blocking a lane of a dual carriageway.

Tony Skerratt, 44, from Enfield, was in the passenger seat when the lorry hit the litter picking vans owned by Serco, which were obstructing the inside lane of the A11 near Attleborough, between Norwich and Thetford.

The vans had been moving along the road slowly, stopping from time to time to allow bags of rubbish to be collected. Serco employees were carrying out the litter picking.

An investigation by the Health and Safety Executive (HSE) found Serco Limited failed in its health and safety management of litter picking activities on high-speed dual carriageways.

It had not provided its employees with appropriate work instructions to ensure the litter picking activity was safe. Serco also failed to supervise and monitor the high-risk activity to ensure it was carried safely, the investigation concluded.

Serco Limited later pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work Act 1974 and was fined £240,000 and ordered to pay costs of £37,074 at Norwich Crown Court on 23 June 2023.

Section 2(1) provides that: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

While Section 3(1) says: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

HSE Inspector Saffron Turnell said: "This was a tragic incident where the death of a member of the public could have easily been prevented had Serco Ltd implemented and monitored the robust management systems required to ensure such a high-risk activity could be carried out safely.

"The company's failings put its employees and those using the dual carriageway at significant risk and this incident has left a family grieving the loss of much loved son, brother and uncle. Our thoughts remain with the family."

A Serco spokesperson said: "We send our deepest condolences to the family and friends of the late Mr Tony Skerratt. As the judge made clear, Serco co-operated fully with the Health and Safety Executive, has a good health and safety record and a strong health and safety culture.

They added: "Serco gives health and safety the highest priority throughout the business and we have implemented actions that are aimed at ensuring that such an accident will not happen again."

Adam Carey