Prosecutions
Two North East companies have today been fined after a worker suffered serious burns and an electric shock while working near overhead power lines.
The victim was employed by a sub-contractor, working as a pump operator and was working with the main construction contractor as they carried out modifications to sewers in County Durham on 27 February 2008.
He was working in a compound pouring concrete into a mould to cast a sewer chamber lid. The pump had a 12 metre long boom to allow the hose to be positioned where required.
After the pour was finished the operator swung the boom round to return it to a parked position. But as he lowered it, it came into contact with overhead power lines crossing the site carrying 22,000 volts. This caused the victim to receive a serious electric shock, suffering internal and external burns including to his hands, head, chest and legs.
He could have died without immediate emergency treatment and was taken to hospital by air ambulance. He underwent several operations, including skin grafts and the removal of part of his skull - leaving extensive scarring.
The court heard the victim still suffers constant pain which may be permanent and requires drug control meaning he may not be able to return to work. He can no longer participate in sport and his enjoyment of family life, with his partner and their three children (aged seven, 11 and 13) has been greatly affected.
An investigation by the Health and Safety Executive (HSE) revealed that the main contractor could have either located the work compound elsewhere, so they did not have to work near the power lines at all, or used different equipment, not capable of coming into contact with the power lines. Where work near power lines cannot be avoided then the precautions required, including physical barriers and warnings, are well known to the industry and fully described in HSE and trade publications.
After the case, a HSE Inspector said:
"Construction plant coming into contact with overhead power lines continues to be a frequent cause of incidents, which are often fatal. The victim is lucky to be alive and will have to live with the after effects of his injuries for the rest of his life.
"If it had been identified that working near the power lines was absolutely essential, then the main contractor and sub-contractor should have planned the work so that the pump was used sufficiently far from the power lines to prevent the incident and placed physical barriers and warnings at the site to control the work.
"The sub-contractor should have made enquiries to ensure that the plant he sent was suitable for the site and that precautions had been taken against well-known risks."
The main contractor pleaded guilty to two charges of breaching Regulation 22(1)(a) and Regulation 34(2)(c) of the Construction (Design & Management) Regulations 2007 and was fined a total of £5,000 and ordered to pay £3,643.07 costs at Darlington Magistrates' Court.
The sub-contractor, who hired out the pump equipment, pleaded guilty of breaching Regulation 13(2) of the Construction (Design & Management) Regulations 2007 and was fined £2,000 and ordered to pay £1,821.53 costs.