Firms fined £90,000 after worker receives severe electrical burns

HSE Press Release E208:02 - 30 October 2002

GT Railway Maintenance Ltd (GTRM) and Construction Services South East Ltd were today (30 October) fined a total of £90,000 following an investigation into an incident in which a worker received severe electrical burns and multiple injuries, including a fractured skull.

The Health and Safety Executive (HSE) prosecution followed the above incident in which Vincent Keane received burns to 40 per cent of his body, as well as the other injuries, when he fell approximately 15 feet from a scaffold tower after coming into contact with a 25,000 volt overhead power line. Mr Keane, who was 61 at the time, survived, but has been unable to work since. The incident happened during work to dismantle the scaffold tower, which was being used during a development at Liverpool Street mainline station on 7 November 1999.

Mr Keane, of Greenwich, London, was employed by Kvaerner Cleveland Bridge Ltd (now Cleveland Bridge UK Ltd), of Darlington, County Durham, which was contracted to erect steelwork for the development.

GTRM, of Birch Street, Wolverhampton, West Midlands, was contracted to co-ordinate safe working around the overhead line and failed in its duty to ensure that safe working limits were fully understood by site staff. Construction Services South East Ltd, of Park Farm Close, Folkestone, Kent, provided the personnel to control site safety while steel erection was going on at track level but failed to provide effective safety supervision. These failures formed the basis of the prosecution.

Both companies pleaded guilty at previous hearings to offences under Section 3(1) of the Health and Safety at Work etc. Act 1974 (HSWA), in that they failed to ensure the safety of persons not in their employment. GTRM was fined £45,000 with £9,561 costs. Construction Services South East Ltd was also fined £45,000 with £9,561 costs.

HM Principal Inspector of Railways Stan Hart, said:

"This incident arose out of inadequate communication during work in a highly hazardous area. The risk to site personnel was very clear and this sad incident was entirely avoidable.

"Mr Keane had asked if it was safe to dismantle the scaffold tower, following re-energisation of overhead lines in part of the Liverpool Street station area. Being advised that it was safe he proceeded, only to receive terrible injuries.

"This case highlights the continuing need for greater care by the railway industry to follow the rules to protect workers from the dangers of electrified equipment. It is essential in any work place to take measures to protect workers' health and safety."

Notes to editors

1. Section 3(1) of HSWA states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby, are not thereby exposed to risks to their health or safety."

2. Section 33(1a) of HSWA states: "It is an offence for a person to fail to discharge a duty to which he is subject by virtue of Sections 2 to 7."

3. GTRM pleaded guilty to breaching duties under Section 3(1) of HSWA, an offence under section 33(1a), at Southwark Crown Court, London SE1 on 4 September 2002. The company was fined £45,000 with £9,561 costs at Southwark Crown Court, on Wednesday 30 October 2002.

4. Construction Services South East Ltd pleaded guilty to breaching duties under Section 3(1) of HSWA, an offence under section 33(1a), at Southwark Crown Court, on 17 October 2002. The company was fined £45,000 with £9,561 costs at Southwark Crown Court, on Wednesday 30 October 2002.

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