Firms fined £130,000 after worker's electric shock

Date:

31 May 2011

Release No:

HSE-e-24-11

Two companies, a director and a sub-contractor have been fined a total of £130,000 for health and safety failings after a construction worker suffered serious burns following an electric shock from an overhead power cable.

Self-employed steel erecter Mark Rushbrook, was constructing two new poultry units at Sunny Farm in Swineshead, Bedfordshire. He was using a scissor lift to clad the gable end of a steel frame when it came into contact with a power cable and he suffered an 11kv electrical shock.

Mr Rushbrook, 24, from West Winch, King's Lynn, Norfolk, sustained burns to his stomach and hands, and internal muscle damage in the 25 June 2009 incident.

The Health and Safety Executive (HSE) charged a number of parties after its subsequent investigation found the gable end of the structure was within just 4.3m of an overhead power line.

HSE told Luton Crown Court on Friday 27 May the defendants failed to indentify the potential risks of working near overhead voltage lines and had not put necessary precautions in place, including notifying the relevant authorities.

Farm owner C and P Bird Brothers Ltd, admitted breaching Section 3(1) of the Health and Safety at Work etc Act 1974 for which it was fined £20,000 and Regulation 21(1) of the Construction (Design and Management) Regulations 2007 for which it was fined £20,000. It was ordered to pay £5,500 costs.

Peter Bird, a director of C & P Bird Brothers Ltd admitted breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £5,000 with £2,500 costs.

The company which designed and manufactured the steel frame, Morspan Construction Limited of 21 Gold Tops, Newport, Gwent, was also the main contractor and admitted breaching Section 3(1) of the Health and Safety at Work etc for which it was fined £30,000; and Regulation 19(1)(c) of the Construction (Design and Management) Regulations 2007 for which it was fined £30,000. In addition the company was ordered to pay £5,250 costs.

Self employed steel erector and sub-contractor on the project Michael Skayman of Edenside Drive, Attleborough, Norfolk, also admitted breaching Section 3(1) of the Health and Safety at Work etc and was fined £25,000 plus £4,750 costs.

HSE Inspector John Berezansky said:

"As construction work is a high risk activity with significant numbers of major and fatal injuries, good planning, communication and cooperation are needed constantly. Unfortunately, all the defendants in this case failed to achieve this.

"That Mr Rushbrook's injuries were not fatal is only a matter of luck. A lax attitude to health and safety is not acceptable, especially when so many incidents are completely avoidable by taking common sense actions and precautions. The safety standards for working near overhead power lines are well-known and readily available.

"As always, HSE will not hesitate to take action if we find poor practice putting lives at risk."

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Section 3(1) of the Health & Safety at Work etc Act 1974 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 risk to their health & safety."
3. CDM 2007 - Regulation 21(1) states: "The CDM co-ordinator shall as soon as is practicable after his appointment ensure that notice is given to the Executive containing such of the particulars specified in Schedule 1 as are available."
4. CDM 2007 - Regulation 19(1)(c) states: "Where a project is notifiable, no contractor shall carry out construction work in relation to the project unless notice of the project has been given to the Health and Safety Executive under regulation 21 of the said Regulations
5. HSE advice on how to prevent safely near overhead power lines can be found at: http://www.hse.gov.uk/pubns/indg389.htm

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