Nishimaysu Construction Company Limited faces £1 million bill after docklands light railway tunnel blow-out

E009:04 19 January 2004

Nishimatsu Construction Company Ltd were today fined £700,000 and ordered to pay costs of £145,766.62 following a tunnel blow-out during construction of the Lewisham Extension to the Docklands Light Railway (DLR). Together with their own defence costs, Nisihimatsu are facing a total bill of £1 million.

The prosecution at Middlesex Guildhall Crown Court follows an investigation by the Health and Safety Executive (HSE) into an incident, which happened on 23 February 1998. At approximately 04.45, during test pressurisation operations with compressed air, a blow-out occurred in the Southbound running tunnel. A crater approximately 22m in diameter was blown out of the ground with debris thrown over an area of around 150m in diameter, destroying the tennis courts and a section of football pitch at George Green School. The school buildings were also damaged along with adjacent properties including the nearby Mudchute DLR station.

Nishimatsu Construction Company Ltd, pleaded guilty to a contravention of Section 3(1) of the Health and Safety at Work etc Act 1974, in that they failed to ensure that persons not in their employment were not exposed to risks to their safety.

HSE's Head of Operations, Philip White, said:

"This was a serious incident. Had the blow-out occurred just a few hours later, then a public disaster may have resulted. Almost undoubtedly there would have been significant numbers of seriously injured schoolchildren, with possible loss of life amongst those closest to the location of the blow-out.

Judge Ian Karsten QC said in passing sentence:

"This was a breach of duty which put many members of the public at risk and that inevitably leads to the conclusion that a substantial penalty is required."

Nishimatsu Construction Company Ltd were responsible for the construction of the project, which included choosing compressed air to pressurise the tunnel.

HSE's investigation revealed that no relevant calculations into the ability of the ground cover above the tunnel to be able to withstand the proposed compressed air pressures, had been undertaken or commissioned by Nishimatsu Construction Company Ltd prior to the blow out.

Had Nishimatsu undertaken or commissioned relevant calculations, then this incident would not have happened.

Nishimatsu Construction Company were fined £700,000 for contravening Section 3(1) of the Health and Safety at Work Etc Act 1974 with legal costs of £145,766.62.

Notes to editors

1. Section 3(1) of the Health and Safety at Work etc Act 1974 states that:

"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. Nishimatsu Construction Company Ltd pleaded guilty to 'failing to ensure the safety of persons not in their employment' on 14 January 2004 at Middlesex Guildhall Crown Court.

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