H&S Legal Briefing: Electrical Safety and Falls from Height

An electrical safety incident occurred as the Injured Person (IP) was moving heavy-duty electrical cables with a metal crowbar on a mobile elevating working platform when the bar came into contact with the live conductor, causing an electrical explosion at Copper Hill Industrial Estate, Ermine Street, Barkston Heath, Lincolnshire.

As well as suffering serious burns to his face and body, the explosion caused the man to fall from the platform and sustain a broken left arm, fractured ribs, and a dislocated kneecap.

The worker had been contracted by New Earth Solutions (West) Limited, trading as Mid UK Recycling, to work at the firm’s recycling plant at Copper Hill Industrial Estate.

An investigation by HSE into the incident found this task was not part of the normal workload for the injured worker and that he had not received any training concerning undertaking electrical work. The task had not been properly planned nor risk assessed, and the electrical cables were not isolated before work began. Additionally, the level of supervision provided was inadequate, and safety devices on the electrical supply had been set inappropriately, prioritising the continuity of supply over the safety of the electrical circuit.

New Earth Solutions (West) Limited, of Station Road, Caythorpe, Grantham, Lincolnshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £200,000 and ordered to pay £12,467 in costs at Lincoln Magistrates’ Court on 10 May 2024.

HSE inspector Tim Nicholson said: “This incident could so easily have been avoided by properly planning the task, ensuring that all workers involved were suitably competent and making sure that electrical conductors were isolated before the work began.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

For the official press release, visit HSE Press Release.

HSE’s fatal accident statistics consistently reveal that over 30% of all workplace fatalities are caused by falls from height. Employers should endeavour to ensure that work at height is avoided wherever it is reasonable to do so by altering the tasks or how they are carried out.

1. Risk Assessment: A working-at-height risk assessment must be completed before conducting any work-at-height activity and must consider all potential places from which people can fall, as well as factors relating to the task, the individual, and the local working environment. All work at-height activity must be properly planned, organised, and supervised by those parties in control of the work and/or location.
2. Regular Inspections: Ensure regular workplace inspections, especially where significant items of work equipment are being used, to confirm that all the risk control measures are indeed still in place and minimise risk to a level that is as low as reasonably practicable.
3. Third-Party Sites: If you operate your business within someone else’s workplace, it is imperative that your risk assessments and safe systems of work fully consider the hazards and risks that your employees might be exposed to.
4. Compatibility Checks: Check that your risk assessments are compatible with and overlap with the client’s workplace or operational risk assessments. Make sure that your employees are suitably trained and appropriately briefed in terms of the safe working practices that need to be undertaken on third-party client sites.
5. Immediate Reporting: Ensure that your employees know to protect their health and safety in the first instance and thereafter communicate any shortfalls in safe systems of work at a client site to you without further delay.

Further Reading:

1. Electrical Safety: This guide explains what PAT testing is, the importance of PAT testing and risk assessments, and what Class I and Class II mean when it comes to PAT testing. Read more here: https://www.avensure.com/articles/guide-for-employers-on-portable-appliance-testing-pat/
2. Working at Height: We also covered another legal case involving a roofer who suffered multiple fractures in a fall from a building roof while working at height. Read more here: https://www.avensure.com/articles/working-at-height-regulations-hse-working-at-height-legal-briefing-as-two-companies-fined-following-workers-fall/

This incident could have been very easily avoided by proper task planning, ensuring all workers were suitably competent, and making sure electrical conductors were isolated before the work began.

Don’t wait for incidents to prompt action—contact us today by clicking here: Avensure Contact for health and safety support!