Rank: Forum user 
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If someone gets injured (seriously or otherwise) on the highway (member of public or employee) who has the power to investigate & prosecute?
Police / HSE / local highways authorities?
How are others interpreting the need to conduct & document risk assessments for short duration work? Has you local highway authority indicated that they require a permit for work less than 15 or 60 minutes?
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Rank: Super forum user
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Hi there,
In my last job I looked after 400 roadworkers (mostly LA roads plus subcontracting to trunk operators). One accident demonstrated how all this works: multiple bodies technically have the authority and desire to investigate, but they may cooperate to keep things simple.
One of our guys was seriously injured on an LA road. The police attended with the ambulance, and kept the site sealed until they received confirmation from the HSE that they (HSE) would not be investigating further. HSE are the enforcing body in this area, and the LA's involvement was purely in ensuring the incident was properly investigated.
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Rank: Super forum user
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Rank: Forum user
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Sorry to disagree with you on this one.
If the incident happened in a live carriageway or involved a motor vehicle from the live carriageway , the Police have primacy as it may mean a prosecution under the Road Traffic Act. The evidence gathered by the Police will be shared with the HSE who will be looking to see if there is a breach of the HASW Act and they will take out separate proceedings. There is a published protocol between the HSE and ACOP.
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Rank: Super forum user
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I agree with Martin. Live carriageway it is the police but if you are actually building a road if is the HSE.
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Rank: Forum user
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The Police will normally always have initial primacy. But the investigation may be jointly run or be handed over to any of the enforcing authorities. In this example HSE and the protocol that has been mentioned is the "work-related death: A protocol for liaison" google it its an open document.
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Rank: Super forum user
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You're absolutely right, Martin, my apology for any confusion. I didn't make it clear in my post that since the OP looks like he's concerned with road works, my example related only to that, not to a vehicle collision from or on a live carriageway.
Where I mentioned the HSE being the enforcing body I should have added "for health and safety matters", ie as opposed to the LA, not the Police!
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Rank: Forum user
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Not wanting to hijack the thread but this is something which comes up quite regularly with us. We often deliver equipment by hiab which can mean partial blockage of a road/pavement for about an hour at a time.
when does a quick stop for a delivery become a street work issue with the full authorisation and plan for the local authority?
Is it primarily at the discretion of LA?
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Rank: Super forum user
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re the comment from Brown900431
This work example and all others connected to the works should be already in place with the PC running the job who should have already sorted the LA*out with their overall work plan [*if there are any LA people left in place to talk to noting the LA budget cuts!]
As for the original question; the police do have the primary authority under specific highways law. However over the last few years I have not been able to get the police out to a highways incident even when I had a 10 tonne'r go over on the highway and role 30 metre down an embankment with the driver in the cab!
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