For this month’s legal lens, Andrew Sanderson and Amaan Ahmed of Fieldfisher’s Health & Safety Group analyses and shares lessons to be learnt from National Grid’s recent £3.2 million fine.
Firm/persons prosecuted: National Grid Electricity Distribution (South Wales) Plc and 4 Power Ltd
Date of offence: 3 December 2020
Did the offence result in fatality? No
Conviction: 4 Power Ltd pleaded guilty to breaching the Health and Safety at Work Act 1974, s 2(1) and National Grid pleaded guilty to breaching the Electricity at Work Regulations 1989, Reg 14
Date of sentence: 5 September 2024
Sentencing court: Cardiff Crown Court
Sentence imposed: 4 Power Ltd was fined £80,000 and ordered to pay costs of £14,123. National Grid was fined £3.2 million and ordered to pay costs of £20,460.
Credit: HSE.
Justin Hollins, a 50-year-old, father of two children, sustained life-changing injuries after an accident while working on a pylon in South Wales. Mr Hollins received a 33,000 volt electric shock while replacing step bolts on a pylon at Treforest Industrial Estate in Pontypridd. He sustained burns to 40% of his body, including his arms, legs, and also lost part of his right buttock. He also suffered nerve damage that reduced his mobility.
After six operations over a ten-day period he was discharged but required 24-hour care for months afterwards. He stated “Although I appreciate that I have been lucky to survive, I have to live with the physical and mental effects of the accident for life. I also have to live with the uncertainty of the long-term damage 33,000 volts have done to my internal organs.” Mr Hollins was wearing a climbing harness at the time and was left hanging on the pylon before he was rescued by his colleagues.
The Health and Safety Executive (HSE) investigated the incident and found that 4 Power Ltd had failed to take adequate security measures on par with industry standards. National Grid was also found to be in breach of regulations. As the HSE Inspector stated: “What is so frustrating in incidents like these is if a safe system of work had been in place before the incident, his injuries would have been prevented.”
The HSE found that maintenance subcontractor 4 Power Ltd failed to properly plan and assess the risk. The arms of the pylon were too short to do the work while simultaneously maintaining the specified safety distances as per industry standard.
4 Power Ltd pleaded guilty to breaching S2(1) of the Health and Safety at Work etc Act 1974 (“HSWA 1974”).
“2(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”
4 Power Ltd was fined £80,000 and ordered to pay costs of £14,123. The penalty which 4 Power Ltd received appears minor compared to that imposed on National Grid but the relative size of the companies must be taken into account.
The fine was moderate since the injuries were not fatal. National Grid took the lion’s share of the blame for not carrying out due diligence in shutting off electricity top enable Mr Hollins to safely work on the pylon.
Their breach of Regulation 14 of the Electricity at Work Regulations 1989 (“EWR 1989”) incurred a £3.2 million penalty.
Regulation 14 concerns ‘Work on or near life conductors’:
The case serves as a vital reminder that employers must have awareness and knowledge of key worker safety laws and regulations in order to consider and implement appropriate safeguarding measures.
Health and Safety at Work etc. Act 1974
The HSWA establishes the overarching legal framework for workplace health and safety in the UK. The Act places general duties on employers, employees, and others to ensure a safe working environment. HSWA outlines the fundamental duties of employers to ensure a safe working environment. Failures by 4 Power Ltd. and National Grid to meet their obligations under the Act, as outlined above, led to this tragic incident.
Electricity at Work Regulations 1989
The aim of the Electricity at Work Regulations 1989 is to prevent death or personal injury to any person from electrical causes in connection with work activities. Employers and the self-employed, as well as employees are subject to the regulations.
Every employer, self-employed person and employee has a duty to comply with these regulations in so far as they relate to matters within their control. Employees must also co-operate with their employer as much as is necessary to enable any duty placed on the employer by the regulations to be complied with.
Electrical equipment under the regulations includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy.
The regulations apply to all workplaces in Great Britain, regardless of the size of the business or the nature of the work being carried out. This includes offices, factories, construction sites, and other workplaces where electricity is used.
Comprehensive risk assessments are crucial
Andrew Sanderson, Partner at Fieldfisher
This case demonstrates the risks associated with working on live electrical systems and emphasises the importance of adhering to safety protocols and conducting comprehensive risk assessments prior to beginning any work. While it is essential to use precautionary measures on every job, all projects present unique hazards.
This incident happened because both 4 Power Ltd and National Grid did not adequately assess the risks of working near live electrical circuits.
A thorough risk assessment would have revealed that the pylon arms were too short to maintain a safe distance from the live lines.
This tragic case highlights the necessity for companies to implement safe working systems and ensure adherence to safety standards. Proper planning and preparation can prevent life-altering injuries and save lives.
Electrical safety is paramount
National Grid failed to shut off the electricity before commencing work. When handling high-voltage power, it is crucial to ensure the electricity is turned off before starting any tasks to prevent life-altering accidents or fatalities.
Employers should carry out a comprehensive site-specific risk assessment before starting any work. It is important to consider additional dangers from other overhead and underground utilities, not just electricity. Risk assessments should evaluate cable voltage and height, machinery size and reach, safe clearance distances, site and weather conditions, and workers competence, training, and supervision.
Long-term Impact on employees
Although Mr. Hollins survived, his injuries have had a permanent effect on his life, career, and ability to support his family. The physical and emotional toll of workplace accidents can be devastating and enduring.
This case serves as a powerful reminder of the responsibility employers have to safeguard their workers. When safety procedures are neglected, the consequences can be catastrophic.
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