27/04/2017
BAM Construction Limited and Shoreland Projects Limited have been fined a combined total of £282,000 and ordered to pay nearly £18,000 in costs after a worker suffered severe burns to his neck and other life-changing injuries in January 2015.
BAM Construction Ltd was appointed by Network Rail to construct a new railway operating centre in Basingstoke, and Shoreland Projects Ltd were engaged as groundworks contractor. As work began on installing lampposts on the site, one of the posts touched the 11kV overhead power lines. This resulted in construction worker, Mark Bradley, suffering catastrophic burns.
Health and safety breaches
Both BAM Construction Limited and Shoreland Projects Limited pleaded guilty to breaching Regulation 14 of the Electricity at Work Regulations 1989. This regulation states:
Health and safety precautions when working on or near live conductors
14. No person shall be engaged in any work activity on or so near any live conductor (other than one suitably covered with insulating material so as to prevent danger) that danger may arise unless–
(a) it is unreasonable in all the circumstances for it to be dead; and
(b) it is reasonable in all the circumstances for him to be at work on or near it while it is live; and
(c) suitable precautions (including where necessary the provision of suitable protective equipment) are taken to prevent injury.
The HSE list a combination of four measures to prevent injury or death occurring when working near live overhead power lines. These are:
-
Planning and preparation
-
Eliminating the danger
-
Controlling the access
-
Controlling the work
Planning and preparation
Comprehensive research is always essential to establish whether there are live overhead power lines in the area of planned work or in the area used to access the work site. If there are overhead power lines in these areas, the owners should be consulted so a plan of action to ensure health and safety can be agreed.
Eliminating danger
Ways of eliminating the threat posed by live overhead power lines include:
-
finding a way to avoid working near the overhead lines
-
divert all overhead lines clear of the work area
-
disable the lines whilst work is ongoing
A combination of these methods may be needed to ensure workers’ safety. If the danger cannot be eliminated, a strategy must be put in place to manage the risk.
Controlling the access
If no work is taking place under the lines, barriers can be erected to prevent access. A safe passageway needs to be created where plant will pass beneath the lines, and this area should be made as small as possible.
Controlling the work
If work must be conducted under live power lines, then barriers, goal posts, and warning notices should be provided. Plant, equipment, and tools that could reach the overhead lines should not be taken under the safe clearance limit which must be established prior to work commencing. A suitably qualified person should be appointed to supervise the work and ensure it is carried out safely.
Failure to mitigate health and safety risks
An investigation by the Health and Safety Executive (HSE) found that BAM Construction Limited and Shoreland Projects Limited failed to identify the presence of live overhead lines and had no plan in place to ensure the safety of workers. The HSE inspector in charge of the case stated,
“This case highlights the importance for all work to be planned properly by all duty holders. Overhead power lines pose a significant threat to the safety of workers. Construction work in the vicinity of live conductors must be properly planned, managed and monitored to ensure the risks are controlled.”
For companies conducting work near or underneath live overhead lines, proper planning and risk management is imperative to avoid tragedy and prosecution.
Fisher Scoggins Waters are a London based law firm who are experts in construction, manufacturing and engineering matters. If you have recently had a health and safety incident occur in your workplace and require legal advice, please phone us on 0207 993 6960.