John Dodsworth, 35, from Gateshead, was employed by James Kennedy Concrete Pumping as a pump operator and was working with Lumsden & Carroll Construction Ltd to modify sewers near Cockfield, County Durham on 27 February 2008.
Mr Dodsworth was working in a compound pouring concrete into a mouldto cast a sewer chamber lid. After the pour was finished the operator swung the 12m boom of the pump back round to its parked position. But as he lowered it, it came into contact with overhead power lines carrying 22,000 volts. The electric shock caused internal and external burns, including to his hands, head, chest and legs.
Requiring immediate life-saving treatment, he was taken to hospital by air ambulance. He underwent several operations, including skin grafts and the removal of part of his skull, leaving extensive scarring.
Darlington magistrates heard that Mr Dodsworth still suffers constant pain which may be permanent and requires drug control, meaning he may not be able to return to work. He can no longer participate in sport and his enjoyment of family life, with his partner and their three children (aged seven, 11 and 13) has been greatly affected.
An investigation by the Health & Safety Executive (HSE) revealed that Lumsden & Carroll Construction Ltd could have either located the work compound elsewhere, so they did not have to work near the power lines at all, or used different equipment, not capable of coming into contact with the power lines. Where work near power lines cannot be avoided then the precautions required, including physical barriers and warnings, are well known to the industry and fully described in HSE and trade publications, the HSE said.
After the case, HSE inspector Martin Smith said: "Construction plant coming into contact with overhead power lines continues to be a frequent cause of incidents, which are often fatal. Mr Dodsworth is lucky to be alive and will have to live with the after effects of his injuries for the rest of his life.
"If it had been identified that working near the power lines was absolutely essential, then Lumsden & Carroll Construction Ltd and James Kennedy should have planned the work so that the pump was used sufficiently far from the power lines to prevent the incident and placed physical barriers and warnings at the site to control the work.
"James Kennedy should have made enquiries to ensure that the plant he sent was suitable for the site and that precautions had been taken against well-known risks."
Lumsden & Carroll Construction Ltd, of Bowburn North Industrial Estate, Bowburn, Durham, was undertaking the work. It pleaded guilty to two charges of breaching Regulation 22(1)(a) and Regulation 34(2)(c) of the Construction (Design & Management) Regulations 2007 and was fined a total of £5,000 and ordered to pay £3,643.07 costs at Darlington Magistrates' Court yesterday (10 February 2011).
James Kennedy, of Richmond Avenue, Washington, who hired out the pump equipment, pleaded guilty of breaching Regulation 13(2) of the Construction (Design & Management) Regulations 2007 and was fined £2,000 and ordered to pay £1,821.53 costs.
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