Housing association fined after worker suffers burns

The employee and a colleague had been repairing three fence posts in the garden of a tenant on 10 January 2023 when the accident happened. 

They had already repaired two of the posts and had started on the third when one of the workers struck an underground electrical cable as he tried to break through some concrete using a breaker. 

MHS Homes had failed to provide the employees with information on the location of, or the tools to safely excavate around an electrical cable and gas pipe. 

An investigation by the Health and Safety Executive (HSE), found that MHS Homes often excavated the ground. However, they never provided any information to employees on the location of underground services and did not provide suitable equipment to detect and safely excavate underground services. They 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 not only employees and members of the public nearby, as well as the risk of destroying property. 

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. 

“On this occasion, an electrical cable was struck and a worker suffered minor injuries. However, it could have been much worse and potentially fatal. 

“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.” 

In a statement, Ashley Hook, chief executive, MS Homes, said: “We cooperated fully with the Health & Safety Executive investigation and took swift action to make sure that no one could be exposed to such a risk again.  We also commissioned an independent review of our health and safety policies. 

“We pleaded guilty to the charge brought by the Health & Safety Executive and accepted full responsibility for the errors made. It is important that we learn from the incident to make sure it can never happen again.

“We take our duty to protect people seriously and we are extremely disappointed that we fell short of the required health and safety regulations on this occasion. 

“We are confident we have improved our health and safety practices substantially in the last year and want to reassure our colleagues, customers, and partners that we have a strong, clear focus on safety.”