Thomas McAuley

I am Brendan Joseph Allen, Area Coroner, for the Coroner Area of Dorset

On the 13 th July 2022, an investigation was commenced into the death of Thomas Joseph McAuley, born on the 1 st April 1968. The investigation concluded at the end of the Inquest on the 19 th July 2024. The Medical Cause of Death was: 1a Multiple Injuries 1b 1c

Thomas Joseph McAuley was employed by Kiely Brothers Limited (“KBL”) as part of a crew of men undertaking road resurfacing works. On 5 th July 2022, Mr McAuley, together with a crew of 6 others, was undertaking resurfacing work in Redwood Drive, Ferndown. At approximately 11 am Mr McAuley placed himself within the area between the third and fourth axles of a four axle, 32 tonne grab lorry that was on site. This was likely so that he could urinate. The driver of the grab lorry was unaware of Mr McAuley’s presence within this area and moved the grab lorry forward a short distance and at low speed, causing Mr McAuley catastrophic injuries that caused his death.

The MATTERS OF CONCERN are as follows:

1. During the inquest evidence was heard that:

(i) It is common practice for members of roadwork crews to use the space between the rear axles of LGVs to urinate, even when a welfare van has been provided on site. A witness who had worked for at least one company as part of a roadwork crew prior to joining KBL gave evidence that it was a practice that he was aware of “since starting on the roads”. Although it would seem that KBL employees no longer engage in this practice, likely because of the tragic death of Mr McAuley, there was no evidence available at the Inquest to suggest his death had had an impact on the industry more widely.

1. I have concerns with regard to the following:

(ii) If the practice of using the space between the rear axles of an LGV is ongoing, there remains a risk of future deaths, as any small movement of the vehicle can cause fatal injuries.  I am not aware of any safety notice(s) being issued since Mr McAuley’s death or any wider publicity that may have highlighted the risk. Ensuring that companies undertaking road resurfacing work or similar are made aware of the risk that this practice is ongoing will enable them to take measures to address this potential ongoing risk.

In my opinion urgent action should be taken to prevent future deaths and I believe you and/or your organisation have the power to take such action.