Two North East companies fined after worker suffers electric shock

Date:

10 February 2011

Release No:

NE/019/11

Two North East companies have today been fined after a worker suffered serious burns and an electric shock while working near overhead power lines.

John Dodsworth, 35, from Gateshead, was employed by James Kennedy as a pump operator and was working with Lumsden & Carroll Construction Ltd as they carried out modifications to sewers near Cockfield, 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 Mr Dodsworth 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 Mr Dodsworth 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 Lumsden & Carroll Construction Ltd 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, HSE Inspector Martin Smith said:

"Construction plant coming into contact with overhead power lines continues to be a frequent cause of incidents, which are often fatal. Mr Dodsworth 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 Lumsden & Carroll Construction Ltd and James Kennedy 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.

"James Kennedy 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."

Lumsden & Carroll Construction Ltd, of Bowburn North Industrial Estate, Bowburn, Durham, was undertaking the work. It 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 today (10 February 2011).

James Kennedy, of Richmond Avenue, Washington, 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.

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. Lumsden & Carroll Construction Ltd pleaded guilty to two breaches of the Construction (Design & Management) Regulations 2007:
   • Regulation 22(1)(a), which states: The principal contractor for the project shall plan, manage and monitor the construction phase in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health or safety, including facilitating - (i) co-operation and co-ordination between persons concerned in the project in pursuance of regulations 5 and 6; and (ii) the application of the general principles of prevention in pursuance of regulation 7. The company was fined £3,000.
   • Regulation 34(2)(c), which states: Where there is a risk from electric power cables - if it is not reasonably practicable to comply with paragraph (a) or (b), suitable warning notices and - (i) barriers suitable for excluding work equipment which is not needed; or (ii) where vehicles need to pass beneath the cables, suspended protections; or (iii) in either case, measures providing an equivalent level of safety, shall be provided or (in the case of measures) taken. The company was fined £2,000.
3. James Kennedy pleaded guilty of breaching Regulation 13(2) of the Construction (Design & Management) Regulations 2007, which states: Every contractor shall plan, manage and monitor construction work carried out by him or under his control in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health and safety.
4. The court also ordered both companies to each pay a separate £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses.
5. Inspector Martin Smith is available for interviews upon request.

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