Farmer in court over driver’s electrocution

llamedos

New Member
A Salisbury farm owner has been fined after an HGV driver was electrocuted while making a delivery to his farm.

Salisbury Magistrates’ Court heard last week that self-employed HGV driver Nigel Fox was delivering cattle feed to Tony Slade’s Chestnut Tree Farm in Sutton Mandeville on 2 November 2012.

Mr Fox, (63), from Northamptonshire, was raising the tipper body of his articulated lorry when it hit the 11kV overhead power line which crossed the farmyard close to the feed silo which he was trying to fill.

Mr Fox was electrocuted and died at the scene. He was discovered by an electricity supply network engineer who was sent out to locate the line fault a short while later.

An investigation by the Health and Safety Executive (HSE) found that Mr Slade had made no attempt to remove or reduce the serious risk associated with the power line crossing the yard, by diverting the cable or providing signs or barriers to warn visitors of its existence – despite its proximity to the cattle feed offloading point.

Tony Slade of Sutton Mandeville, Salisbury, Wiltshire, was fined £20,000 and ordered to pay costs of £5,609 after pleading guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974.

Speaking after the hearing, HSE Inspector Andy Shaw said: “Overhead power lines are dangerous, particularly where they cross traffic routes or frequently used work areas. Those in control of work premises, whether they are employers or self-employed, need to identify the risks to people working at or visiting their premises.

“Power cables present a very serious danger, with potential loss of life, and should be either moved, made safe by other means or, where this is not practical, clearly marked to warn people of the danger.


“Had Mr Slade had the power lines diverted, as he did after the incident, or even put in place measures to make people aware of the power lines, such as providing information, barriers or signs, this terrible incident would not have happened and Mr Fox would likely still be here today.”

Sally Fox, Nigel’s widow, said: “Nigel was known for being a diligent, responsible worker, a talented musician, and a much loved and respected member of the community. Many people have spoken about how they appreciated his kindness, his sense of humour, his contribution to his community, his music, and his expertise at rugby. He played 274 games for the Northampton Saints from 1973 to 1990.


“He left two children, Harriet and George, and a devoted sister, Jackie. For the family members most close to him, his untimely death has resulted in intense grief and a sense of loss that, over two years later, the family is still struggling to come to terms with.

“From my perspective as his wife, the stress, anxiety, and sadness have taken an unmistakable toll on my emotional and physical wellbeing. I have been unable to work, which has resulted in an unrecoverable career.

“Tragically, the entire family is painfully aware that Nigel will never see, hold, or play with his new granddaughter, Tilly, and he will never see his children married or walk his daughter down the aisle. His own ambition as a musician and his desire to start a new business and happy life with me, his wife, can no longer be fulfilled.”

Guidance on working near overhead power cables can be found on the HSE website at http://www.hse.gov.uk/electricity/information/overhead.htm
 

Brisel

Member
Arable Farmer
Location
Midlands
The judge obviously didn't think that he had one enough to manage the risk.

I have a 3 phase 11 kV line passing above the farm yard. This thread has reminded me to talk to the electricity board to look at geting it buried. Thanks @llamedos
 

Six Dogs

Member
Location
Wiltshire
I think as previously posted if there had been a sign maybe no death and no prosecution?
Who's responsibility are the power lines if they pass through your yard!
 

caveman

Member
Location
East Sussex.
I think as previously posted if there had been a sign maybe no death and no prosecution?
Who's responsibility are the power lines if they pass through your yard!

I also wondered and obviously not knowing the set up..............
Are not the power line company liable in some way if they put the wires in such positions?
Could the lines be sheathed or insulated some other way?
Or would they have been in this instance and the bulk body cut through them some how?
 

davedb

Member
Location
Staffordshire
isnt the driver responsible for looking at the site hes going to tip? its a feed bin so obviously it has been filled regularly without incident? i know at work the feed company come out to the farm and check for overhead power lines and then write down the risks ect on the drivers ticket they also look at entrance and if the driver has to reverse in ect
 

llamedos

New Member
I think as previously posted if there had been a sign maybe no death and no prosecution?
Who's responsibility are the power lines if they pass through your yard!

yours, to warn others of their existence, height safe working distance, signage etc
 

llamedos

New Member
Working safely near overhead
electricity power lines.

upload_2015-1-15_19-2-12.png


s
Health and Safety
Executive
Some agricultural activities may also create a risk of
contacting OHPLs, including:
■ operating rain or slurry guns;
■ tipping trailers;
■ moving irrigation pipes or long boom irrigators;
■ building temporary stacks or structures, eg bales,
fertiliser, potato boxes;
■ moving aluminium ladders or scaffold poles;
■ construction work including erecting steel-framed
buildings;
■ erecting polytunnels and temporary structures;
■ fishing (electricity can pass through rods/poles).
Working safely: Assessing the risks
Before you start work near OHPLs, you should assess
the risks. To help do this you should:
■ find out the maximum height and maximum vertical
reach of your own and your contractors’ machines;
■ find out the routes of all OHPLs on your land or
near your boundaries and mark them on the farm
map;
■ make sure you have information about all the lines
on your land – if not, contact their owners;
■ make sure you have details of the maximum
working heights permitted under each span of
OHPL on your farm and next to each structure.
Record these on the farm map. The map can
then be used as a reference when assessing
risks, planning cropping or other work, instructing
machine operators and contractors, planning
access routes or buying new or used equipment;
■ get advice from the electricity distribution network
operator (DNO) and/or the National Grid on line
heights, minimum vertical clearance distances
and precautions to take. DNOs can also arrange
to have the height of the lines checked. Operating
voltages are displayed on signs attached to steel
towers;
■ look at the guidance produced by the Energy
Networks Association on clearance distances
(see ‘Further reading’).
Control measures
When considering what you need to do to work safely,
you should follow the preferred hierarchy of measures
described below:
■ The safest option is always to avoid working near
OHPLs if you can. Creating alternative access
routes or work areas to avoid OHPLs is often the
easiest and cheapest option.
■ Consider re-routing or burying OHPLs in certain
locations, such as farmyards or silage clamps where
machines often pass below the lines. Consult the
DNO for advice and do not attempt to do this work
yourself.
■ Where you cannot relocate OHPLs, select machines
that can safely pass below the lines without being
able to reach the vertical clearance distance.
■ For some short duration work activities you may be
able to get the power supply switched off. Speak
to the DNO for advice.
■ Where you cannot avoid working near OHPLs,
you will need to carry out a risk assessment and
implement a safe system of work.
Key factors to consider for safe work
near OHPLs
Selecting suitable machinery
Larger farm machinery has increased the risks of
contacting OHPLs. You can reduce the risks of
contact or flashover greatly by selecting machinery
that will not reach more than 4 m from the ground.
Check the working heights of machines and the
maximum heights that any folding or extending
elements can reach. Check with the manufacturer
or supplier if necessary to obtain these details and
check these heights against the clearances marked
on the farm map to identify areas of risk. Consider line
heights when you buy new or replacement machinery.
Safe use of machinery and equipment
Moving equipment or machinery when extensions are
raised could bring it into contact with OHPLs. Reduce
risks by making sure machines can operate safely
near OHPLs. For example:
■ retract the booms of telescopic handlers and
keep them close to the ground when the vehicle is
moving;
■ lower grain tank lids and ensure that unloading
augers on combines are stowed and not in the
extended/unloading position;
■ use sprayers with horizontally folding booms and
never fold vertical sprayer booms on the move;
■ fit shorter radio aerials and beacons, reposition or
remove existing ones on high machines, so they
cannot cause danger;
n take care not to damage poles and stays.
Remember that risks increase at dusk, in darkness or
in poor visibility when it becomes harder for machine
operators to see OHPLs.3 of 4 pages
Health and Safety

upload_2015-1-15_19-3-55.png


Safe work activities
Risks can be reduced if the following activities are not
carried out within a horizontal distance of at least 10 m
from OHPLs. These distances should be measured
from the line of the nearest conductor to the work,
projected vertically downwards onto the floor, and
perpendicular to the route of the line (see Figure 2).
The activities are:
■ stacking materials, eg bales, fertiliser bags or
potato boxes etc;
■ erecting temporary structures, eg polytunnels;
■ folding sprayer booms;
■ tipping trailers or lorries with tipping bodies;
■ operating materials handlers or lift trucks;
■ working on top of combines or other high
machinery;
■ moving ladders, irrigation pipes or scaffolding;
n tree work.
If you cannot avoid carrying out any of these work
activities closer than 10 m, consult your DNO for
advice. If the line cannot be moved or made dead you
will need to assess the risks and agree a safe system
of work. This may involve the erection of barriers to
keep machinery a safe distance away from OHPLs,
and other precautions as described in the HSE
guidance note Avoidance of danger from overhead
electric power lines (see ‘Further reading’).
Rain and slurry guns
■ Position rain and slurry guns so that jets of water
or slurry cannot contact OHPLs when they are in
use.
■ Guns should travel parallel to OHPLs, not below
them.
■ Check that jet breaker devices are working, as
a continuous jet in contact with an OHPL could
cause the equipment to become live.
n Slurry guns should not come within 30 m of an
OHPL and this distance should be increased in
high winds to take account of slurry being carried
further by the wind.
Long boom irrigators
■ When a machine is being moved or used, keep it
under close observation and control.
■ Booms should have a nylon or polypropylene
control rope at each end.
■ If a boom is assembled or dismantled on site this
should be done at least 10 m away from OHPLs.
■ Check that the jets are not near OHPLs and that
jet breaker devices are fitted and working.
Sprinklers
■ Do not store pipes under or close to OHPLs.
■ Always move irrigation pipes horizontally, using two
people to carry them as low as possible.
■ Plan the layout of the system carefully, so risks are
minimised when putting pipes in position.
Fencing
■ If fencing wire is being stretched, it could spring
upwards and come into contact with OHPLs, so
always keep the wire under control.
■ Long runs of wire on undulating ground or hillsides
present an increased risk, so anchor the fence
securely at several points.
Stacks and temporary structures
■ Before building a stack or other temporary
structure, plan where to locate it to avoid OHPLs.
Do not site them in areas where machines such as
telescopic handlers will need to travel underneath
OHPLs to get to them.
■ Avoid creating clamps below OHPLs, as vehicles
rolling the clamp or trailers tipping grass etc will be
at risk.
■ Silos or bins should be sited so bulk feed delivery
vehicles or trailers can tip safely.
Construction work
■ There may be occasions when construction work
has to be carried out, eg erecting farm buildings,
excavation work for laying pipes etc which means
machines or vehicles pass near OHPLs. In such
cases, you and your contractors should follow the
precautions set out in Avoidance of danger from
overhead electric power lines (see ‘Further reading’).
Figure 2 Minimum horizontal distances to overhead power lines
minimum 10 m minimum 10 mHealth and Safety
Executive
Published by the Health and Safety Executive AIS8(rev3) 07/12 4 of 4 pages
Information, instruction and training
After assessing the risks and planning how to do the
work safely, you will need to make sure anyone working
near OHPLs with a machine or work equipment is
provided with information about the hazards, the risks
and the precautions to follow, including what to do if
they contact the line.
Contractors and temporary staff may be at an
increased level of risk when they work on your farm,
so make sure they know where the lines are and
discuss and agree with them the precautions they
need to take before they start work. More detailed
instructions may be needed for those workers whose
first language is not English.
The location of OHPLs can be highlighted by
displaying suitable hazard warning signs in prominent
positions and supplementing them with appropriate
text, eg ‘Danger – overhead power lines’.
If you come into contact with an OHPL
■ Stay in the cab of the machine and lower any
raised parts in contact with the line or try to drive
the machine clear, if you can.
■ Inform the DNO immediately (display the telephone
number in the cab or keep it on your mobile phone).
■ Electrocution is possible if anyone touches both
the machine and the ground at the same time.
If you need to get out jump well clear so that no
simultaneous contact is made between you, the
vehicle and the ground. Do not touch any wires.
Stay clear and warn others not to approach.
■ Get the DNO to disconnect the supply. Even if the
line appears dead, do not touch it, or any part of
the machine. Contact with the line may cause the
power supply to trip out temporarily and it may
be reconnected and re-energised automatically,
without warning.
■ Never touch an overhead line that has been
brought down by machinery, or has fallen, eg in a
storm. Do not try to disentangle equipment, until
you have received confirmation that the line has
been de-energised and made safe.
Further reading
Avoidance of danger from overhead electric power
lines General Guidance Note GS6 HSE Books 1997
ISBN 978 0 7176 1348 9 www.hse.gov.uk/pubns/
books/gs6.htm
Information is also available from the Energy Networks
Association (ENA): www.energynetworks.org and the
Distribution Network Operators publish information on
their own websites. Safety information is also available
from the National Grid at www.nationalgrid.com/uk/
electricity
Safety information for farmers and agricultural
contractors ENA 2007 www.energynetworks.org
Safety information for farmers utilising polytunnels ENA
2008 www.energynetworks.org
Overhead line clearances - ENA Technical Specification
43-8 – specifies minimum vertical clearances for
vehicles/machines passing below OHPLs.
Further information
For information about health and safety, or to report
inconsistencies or inaccuracies in this guidance, visit
www.hse.gov.uk/. You can view HSE guidance online
and order priced publications from the website. HSE
priced publications are also available from bookshops.
This document contains notes on good practice
which are not compulsory but which you may
find helpful in considering what you need to do.
This document is available at www.hse.gov.uk/pubns/
ais8.htm
 

Brisel

Member
Arable Farmer
Location
Midlands
Yet another example of how broken the HSE legislation is in UK.

Plain common sense would indicate the power company are the main offenders here.

In what way? I'll bet the power lines were there before the yard or tipping point.

If you drive into a brick wall, is the bricklayer an offender???
 
Location
Devon
isnt the driver responsible for looking at the site hes going to tip? its a feed bin so obviously it has been filled regularly without incident? i know at work the feed company come out to the farm and check for overhead power lines and then write down the risks ect on the drivers ticket they also look at entrance and if the driver has to reverse in ect

Very sad accident for all concerned.

As the law stands the farmer is at least partly responsible for the health and safety of all people on the farm if it ends up in court when something goes wrong ( even if the person who has the accident hasn't taken due care and attention in their job )..

Which ( slightly off topic ) means that AHVLA agenda to use non vets to carry out TB testing on farms without proper H+S training on each and every farm they are asked to carry out testing on is a non starter due to the farmer being forced to have staff on farm carrying out testing that are untrained for that particular farm/set up/ risk areas, etc..
 

renewablejohn

Member
Location
lancs
Getting concerned about a 275kv line which goes across our field as it now going to have 400kv pumped through it without raising the wires. My woodland underneath now destroyed due to the reduced height but how many other farmers will know this 275kv line will have 400kv going through it.
 

Hedge Hunter

Member
Location
Near the sea
Getting concerned about a 275kv line which goes across our field as it now going to have 400kv pumped through it without raising the wires. My woodland underneath now destroyed due to the reduced height but how many other farmers will know this 275kv line will have 400kv going through it.
quite alot of OH NG is 400kv now.supply and demand...

i have personally laser measured a 275kv line with 400kv running through it at 5.2m above ground.I also had to get a 10m clearance .... when i contacted the office they said it was impossible.
heat and extra power running through it will most defiantly need a clear under it.
here a circuit in Gt Missenden has now got a 400kv through it so we cut a motorway under it to get clearance.
totall destroyed the vegetation to bare soil/.guess thats the price of toast and tea in the morning....
 

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Kidds

Member
Horticulture
Plain common sense would indicate the farmer would have sited the bin a safe distance from overhead power line.

I expect he thought it was, he wasn't alone in thinking that either apparently.
Very sad all round.

I know the guy and without passing judgement the power lines do not actually run to his buildings and they were a reasonable distance from the bin.
 

shepherdess

Member
Location
dorset
For any of you that have power lines cables anywhere on your farm, get a sign up thats visible to anyone to warn of them being their,better still get the company out to raise them and put the colour poles around them like they now do on work sites, or get them to put them underground.
sound extream to some but better avioded surely

Even though the line is put in by a company if its on your land your for some reason responsible for it, and have to warn other of its wear abouts, expecially if you claime for the rent on them for pole etc,
so wrong concidering it should be down to thouse who put them in, not the farmer or land owner, it's surely the companys responsibliity to know if it will be a risk to others not the owner, and checks should be made by them to insure nothing is a risk, but for some reason it doesnt happen even in this day of h/s

Also agree the driver should be looking for these risks, should be part of their training, this isnt the first case, machinery in fields have hit them with loader tractors loading bails etc, something most of us know to look out for,

i also know this farmer, he is a decent hard working man, it was a horrid accident all round and can easily happen on any of us on our farms who have cables going through them,
 

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