Posted By Rog Birkinshaw If you've not already found it, this appears to be what you are looking for : Regina -v- Derby City Council Duty to monitor and correct actions of contractors Bardon Contractors Ltd were carrying out a resurfacing contract for Derby City Council. Some of the work had been sub-contracted to a local firm City Plant Hire Ltd. who were using an excavator to dig out sections of the old road. The soil was being loaded by the excavator into trucks parked within the coned off section of the carriageway. The excavator had to rotate through 180° before dropping the spoil into the trucks. Trees and lampposts along the adjacent footpath meant that in some instances the excavator could only work by swinging the jib over the live carriageway. The size of the excavator counterbalance was such that, even if the jib was swung away from the carriageway the counterbalance protruded over it. Occasionally, truck drivers acted as unofficial banksmen for the excavator and traffic, but this was haphazard, rather than routine. Official traffic control was by use of lights at either end of the roadworks, allowing alternate, one-way traffic, but this was not designed to cope with the excavator oversailing the carriageway. There were a number of complaints to the contractor from car drivers and a motorcycle rider who were almost struck by the excavator as they passed the site. On the 27th January 1989, the excavator jib swung into the path of a double-decker bus and struck the front upper deck of the vehicle killing an 18 year old girl student passenger. Following the accident, the HSE prosecuted City Plant Hire, Bardon Contractors and the client Derby City Council for alleged breaches of Section 3(1) of the HASA WA 1974. HSE saw this as a test case and took it on indictment to the Crown Court where fines were not limited to the £2,000 maximum (at that time) of a Magistrates Court. Bardon Contractors were fined £5,000; although being the main contractor, they were rarely on site and consequently were not always aware of the daily unsafe acts. The judge found City Plant guilty of consistent and continuous lack of proper care. They were fined £15,000. Derby City Council were found liable because its engineers had made several visits to the site and should have noticed and acted on the safety infringements. They had a duty to monitor and correct the actions of its contractors in so far as these could put the public at risk. They were fined £15,000. Hope this helps.

Posted By Joel Benham Rog - this was just what I was after.... Many thanks Joel

Posted By Rog Birkinshaw Goeff Probably like many others, I collect and store health & safety items which I think may be useful in future, e.g. training, presentations. The 'down side' is that I adopt the same approach with nails, screws, nuts/bolts, lengths of wood and wire.(My wife thinks I should be logging on to the Institute of Psychology chat forum to get professional help)