Health and Safety Failings – Firm fined after death of trainee design engineer

Firm fined after death of trainee design engineer

Key Facts:

• A trainee design engineer lost his life after coming into contact with a live electrical system
• An HSE investigation found an unsafe system of work to have caused the worker’s death
• The company was fined £300,000 plus costs of £115,000.

The Case

An HSE investigation was launched into the practices of a Bedford company after a trainee design engineer lost his life in an incident on 30 Mar 2009.

The employee came into contact with a live three phase electrical system whilst carrying out electrical testing work and died from his injuries.

The subsequent HSE investigation found that an unsafe system of work had caused the death of the 19-year-old worker. There was no formal training in place for the worker, and that at the time of the incident he was working in an unsupervised capacity outside the designated electrical test area. The company had not adequately risk assessed the work in order to identify a safe system of work.

The case was heard at Reading Crown Court on Mon 11 May 2015. The company pleaded guilty breaching the Management of Health and Safety at Work Regulations 1999 3, (1) (a), and the Electricity at Work Regulations 1989 Reg 3, (1)(a), contrary to Regulation 14. They were fined £300,000 plus costs of £115,000.

What the HSE Inspector had to say

Inspector for the Health and Safety Executive, Paul Williams, said:

This tragic incident could and should have been avoided.  Grundfos Pumps Limited’s failure to adequately risk assess the electrical testing process led to an unsafe system work being in place. Training and supervision arrangements were clearly inadequate.

If live electrical testing has to be undertaken, suitable precautions must be in place.

What The Law States

Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 state:

Every employer shall make a suitable and sufficient assessment of the risks to the health and safety of his employees to which they are exposed whilst they are at work.

Regulation 3(1)(a) of the Electricity at Work Regulations 1989 state:

Except where otherwise expressly provided in these Regulations, it shall be the duty of every employer and self-employed person to comply with the provisions of these Regulations in so far as they relate to matters which are within his control.

Regulation 14(c) of the Electricity at Work Regulations 1989 states:

No person shall be engaged in any work activity on or so near any live conductor (other than one suitably covered with insulating material so as to prevent danger) that danger.

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