The employee and a colleague had been tasked by the company to repair three fence posts in a tenant’s garden on 10 January 2023.
They had already repaired two of the posts and started on a third when one of the workers struck an underground electrical cable as he tried to break through some concrete using a breaker.
This is not a paywall. Registration allows us to enhance your experience across Construction Management and ensure we deliver you quality editorial content.
Registering also means you can manage your own CPDs, comments, newsletter sign-ups and privacy settings.
An investigation by the Health and Safety Executive (HSE) found that MHS Homes often excavated the ground. However, it did not provide any information to employees on the location of underground services or provide suitable equipment to detect and safely excavate underground services.
It had previously identified the risk of underground services in a risk assessment in 2017.
On this occasion, the two employees were digging not only by an electrical cable but also a gas service. This heightened the risk of a fire or explosion, with the potential to kill employees and members of the public nearby, as well as destroying property.
‘Underground services need to be identified’
MHS Homes of Broadside, Leviathan Way, Chatham, Kent, pleaded guilty to breaching Regulation 16(2), by virtue of non-compliance with Regulation 25(4) of the Construction (Design and Management) Regulations 2015. The company was fined £528,000 and must pay £4,122 in costs following a sentencing hearing on 24 April 2024.
After the hearing, HSE inspector Peter Bruce, said: “Underground services are widespread and represent a significant risk. It is important measures are taken to identify them before any excavation work is undertaken.
“Those excavating the ground need to ensure that they obtain service plans prior to the work taking place. It is also vital that employees are provided with the correct tools and detection equipment to do their work safely.”
