BT fined £25,000 for Safety Offence and Risking Public Safety
Health & Safety October 9 2017BT has been fined £25,000 after Transport for London (TfL) prosecuted British Telecom for serious lapses in safety, which put the public at significant risk in Lambeth. It is the second time in 12 months TfL has taken BT to court for unsafe working practices as part of its commitment to tackle poorly managed, or unsafe roadworks. The prosecution follows unsafe work carried out on Streatham Hill at the junction of Leigham Court Road, Lambeth on 1st March. BT failed to properly sign and guard the working area, enabling pedestrians to walk dangerously close to heavy plant and machinery.
On 4th October, BT pleaded guilty to the unsafe execution of streetworks with significant risk to public safety at Westminster Magistrates Court and was fined £25,000 – the highest fine imposed to-date in London for roadworks safety breaches – and BT were ordered to pay a further £2,764 in court costs.
In passing sentence the District Judge said: “It is clear that BT simply failed to comply with safety regulations and these failings could have caused serious harm to other road users. The aggravating feature in this matter is the failure to properly close off the pedestrian crossing close to the work site, which resulted in pedestrians walking freely around heavy machinery. The regulations are there for a reason and must be complied with.”
TfL stated that keeping the public and construction staff safe when undertaking roadworks should be the top priority for any organisation. TfL added that they were concerned that they have had to prosecute BT for the second time within a year for breaches which put public safety at considerable risk. It is vital companies such as BT ensure safety on site and TfL will always push for the strongest possible action against those companies who put the public at risk concluded TfL.
Since 2010, TfL has issued BT over 991 Fixed Penalty Notices and has prosecuted them 41 times for streetworks offences, including those for dangerous and disruptive work.
Since 2010, BT has been fined a total of £67,270 for various streetworks offences in the TfL area.
Disruptive or badly managed roadworks in London, as well as road defects such as potholes and damaged footpaths can be reported, by visiting ‘reportit.tfl.gov.uk.‘ Any enquiries received will be sent directly to the relevant Highway Authority (TfL or a London borough) responsible, ensuring that direct and fast action can be taken.
Outside London reports should be made to the Local Authority.
The below table sets out the number of times TfL has successfully prosecuted utility companies since 2010:-
| Company | Number of prosecutions | Percentage of total prosecutions |
|
BT Openreach |
41 | 35% |
| Thames Water | 13 | 11% |
| Infocus | 11 | 10% |
| Virgin Media | 10 | 9% |
| Fulcrum | 9 | 8% |
| UK Power Networks/London Power Networks | 9 | 8% |
| Vodafone | 9 | 8% |
| Cadent Gas | 5 | 4% |
| Cable & Wireless | 3 | 2% |
| Abovenet | 2 | 2% |
| McNicholas (on behalf of Virgin Media) | 1 | 1% |
| O2 | 1 | 1% |
| Southern Electric | 1 | 1% |
| TOTAL | 115 | 100% |
National Health, Safety and Environment Officer Dave Joyce said: “I hope that the result of these prosecutions will have a salutary effect on BT and underline the importance of prioritising Safety, both in the workplace and when working on the roads”.