Health and Safety Failings – Gas leak at hospital leads to construction firm fine

Gas leak at hospital leads to construction firm fine

Key Facts:

• A construction firm have been prosecuted after causing a major gas leak by unsafe digging at a hospital.
• It took 90 minutes to stop the gas leak, leading to a significant amount of gas leaking into the atmosphere.
• The construction firm were fined £14,000 and costs of £1,723.

The Case:

An HSE investigation was launched after a major gas-leak at a hospital in an incident on 8 January 2014.

Whilst undertaking works to build new car parking facilities and install new drains for the hospital, a construction firm struck a buried gas pipe, causing a major gas leak at the hospital.

As a result of the incident, the hospital declared a major incident, and set up an exclusion zone around the pipe. This included restricting access to the main road through the hospital’s grounds which caused chaos for traffic on surrounding roads.

It took an hour and a half to stop the gas leak, and a significant amount of gas released into the atmosphere during this time.

The case was heard at Staffordshire Magistrates’ Court on 25 March 2015. The court heard that the construction firm had failed to put in place a safe system of work, and failed to follow guidelines for safe digging work. The firm pleaded guilty to breaching regulation 34(3) of the Construction (Design and Management) Regulations 2007. They were fined £14,000 and costs of £1,723.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Andrew Bowker stated that:

“As a large, experienced construction company, Laing O’Rourke were well aware of the relevant guidance on dealing with underground services.  On this occasion there was a general breakdown in the company’s comprehensive health and safety procedures for preventing such an incident.

It failed to suitably plan and monitor the work; failed to hand dig trial holes to locate a known gas pipe; failed to have a suitable exclusion zone between the excavator and the pipe; and failed to use safe digging methods to expose the pipe.

The result was a highly dangerous situation that had the potential to expose construction workers, hospital staff, patients and visitors to an initial flash fire and subsequent fire and explosion risk.”

What the law states:

Regulation 34(3) of the Construction (Design and Management) Regulations 2007 states:

No construction work which is liable to create a risk to health or safety from an underground service, or from damage to or disturbance of it, shall be carried out unless suitable and sufficient steps (including any steps required by this regulation) have been taken to prevent such risk, so far as is reasonably practicable.

Further information on safe digging can be found from the HSE here.

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