Scaffolders fined £40k over electric shock risk

Sunday 05 May 2019

A construction company has been ordered to pay £40,000 after one of their employees secured a mains power line to a scaffolding structure, causing a serious risk of electric shock, burn or electrocutions.

The fine was handed down in the Royal Court on Friday after Jubilee Scaffolding Company Limited admitted breaching regulations for the Safeguarding of Workers relating to electricity usage, by failing “to take sufficient steps to avoid the danger posed by the electrical cable.”

The company, which is one of Jersey's largest scaffolding contractors, had been sub-contracted to put up a scaffolding at a St. Lawrence property, consisting of a raised working platform allowing workers access to the roof.

Crown Advocate Matthew Maletroit told Court that the employee responsible for erecting the scaffold said that it was only after installing the ladder that he noticed a cable - which he believed to be a telephone line, but was in fact live mains power connecting the house to the electrical utility pole - was right above the entrance. 

He said he was unable to change the location of the ladder access and “attached a metal part of scaffolding to the side barrier and I hooked the cable on it, so it was not in my way.”

The owner of the house said she spoke to employees about the cable but was told it didn’t need to be insulated and “not to worry.” Employees however denied such conversation took place.

Pictured: The electrical cable was secured to the scaffold with a metal part.

Jubilee’s scaffold supervisor stated that a no point he was aware of an electrical cable connecting to the property. The Risk assessment and method statement (RAMS) he compiled made no mention of it.

In interview, he said he had never encountered electrical cables whilst working as a scaffolder and therefore didn’t notice it as “it wasn’t something that I was thinking about.” When shown a picture of the cable secured to the scaffold, he admitted that “worst case scenario, like, someone could have been fried.”

It wasn’t until over three weeks later, on 27 September 2018, that the breach was discovered when a Jersey Electricity Company employed drove past the property. He said he was very concerned when he saw the cable was attached to a steel clamp, as it could rub against it, causing damage to the external insulation. 

Guidance from the Health and Safety Inspectorate highlights that “no scaffolding or other structures should be erected around overhead lines without prior consultation with Jersey Electricity.”

It also notes that electrical current can jump across gaps between overhead lines - something which can cause serious injury or death - even without direct contact with the lines.

Pictured: The live mains power line connecting the house to the electrical utility pole was right above the entrance to the scaffolding.

Sarah Waye, who represented the company in Court, said that since the incident steps have been taken to improve health and safety practices. They now offer financial reward to any employees who report a “near miss, accident, unsafe practice” and supply tethers to secure tools when working at height. 

They have also reviewed the loading process for scaffolding vehicles and fit ladder guards to prevent unauthorised access on scaffolding. The RAMS are now made specific to every site and include the risk of working near electrical cables, if appropriate.

The Court heard the Company had 11 previous convictions, including a Health and Safety at Work breach when a scaffold pole fell from height on a member of the public, breaking their collarbone.

Ms Waye said that it was common practice for clients or main contractors “to outline any potential hazard.” “We are a sub-contractor, you are supposed to look after us,” she added. 

Pictured: The cable was damaged a result of being hooked to the scaffolding.

She said that the employee’s comments about not having time to move the entrance were “no excuse for not making things safe.” She added she was “dumbfounded” that no one noticed the cable.

“Health and safety is one of my priorities,” Ms Waye said, adding that she goes above and beyond to make sure all her employees are trained. However, she noted that she accepted “a message had to be sent out” and didn’t ask for a reduction of the fine.

The Lieutenant Bailiff, who was sitting with Jurats Jane Ronge and Gareth Hughes, said the Court was satisfied the Crown’s conclusions were correct and fined Jubilee £40,000, giving them four months to pay. He also ordered them to pay £5,000 towards the prosecution costs.