Council Fined for Multiple Health and Safety Failures on Guided Busway

What has happened?

Cambridgeshire County Council has been fined £6 million following multiple serious safety failures on a guided busway. Following an investigation, the Health and Safety Executive (HSE) brought the charges against the Council after a series of incidents that highlighted significant breaches of health and safety regulations. The press release can be found here: Council fined for multiple failures on Guided Busway – HSE Media Centre.

The Council opened a guided bus gateway in 2011 so that buses can travel through Cambridge city centre while avoiding congestion. The gateway had a speed limit of 60mph and ran parallel to a public footpath, with only a curb to separate the two. Since 2015 there have been 3 deaths and multiple injuries along the pathway. In one incident a cyclist clipped the curb, causing him to fall directly into the path of an oncoming bus which was travelling at 56mph. In another, a pedestrian who had exited a bus and was crossing the poorly lit gateway was hit by a bus travelling at a similar speed. In 2021, the Council installed adequate safety measures by reducing the speed limit to 30mph and installing fencing.

Cambridgeshire Crown Court heard that the Council failed to ensure the safety of the public in the operation of the busway, by lacking basic safety measures such as adequate lighting, separation measures for the public and vehicles, and signage. The Council was found guilty of breaching the Health and Safety at Work Act 1974, specifically sections 2 and 3, which require employers to ensure the health, safety, and welfare of their employees and the public. The Court heard that the Council only carried out a risk assessment of the gateway in 2016 following one death, and that the deaths and accidents had continued despite regular enforcement action by HSE. 

Relevant legislation

The Health and Safety at Work Act 1974 is the primary legislation governing workplace health and safety in the UK. It places a duty on employers to protect the health, safety, and welfare of their employees and others who may be affected by their activities, including members of the public. The Act is supported by various regulations, including the Management of Health and Safety at Work Regulations 1999, which require employers to conduct risk assessments and implement appropriate measures to control risks.

Importance for businesses

This case serves to demonstrate the trend towards increasingly large health and safety fines particularly where duty holders are responsible for multiple fatalities and is a stark reminder of the importance of adhering to health and safety laws, including carrying out risk assessments promptly. Failure to comply with these regulations can result in severe penalties, legal action, and damage to reputation. Ensuring robust health and safety practices not only protects individuals but also contributes to the overall success and sustainability of the business.

If you have any questions relating to this article, please contact Guy Bastable, Charlotte Whitaker or Ben Davies, or any other member in our Corporate Crime and Regulatory Investigations team for assistance.

This article was written by Jemimah Lack.