UNDERGROUND SERVICE STRIKES

Transcription

1 UNDERGROUND SERVICE STRIKES GUIDELINES FOR CONSTRUCTION COMPANIES An underground service strike can lead to injury or loss of life and the costs to your business can be substantial. This short guide is intended to assist you further develop your approach to managing this commonly encountered hazard. THE INSURER S VIEW Contact with underground utilities such as electricity, gas, water, pipelines and telecommunications services can cause significant disruption, damage, injury and even death. For example, it is reported that on average there are twelve deaths and approximately six hundred serious injuries attributed to contact with the electricity network every year. Repair costs for damaged services can run into many thousands of pounds. At Zurich, we handle a number of claims relating to damage to underground utilities and this remains a significant Employers and Public Liability exposure. Whilst your insurance policy may cover the cost of the damage to the underground services and legal costs attached to a claim, it will not extend to cover hidden costs such as the cost of investigation, loss of contracts, insurance excesses, penalties and reduced bonuses. Ensuring that a sensible and proportionate approach to managing this risk is in place before and during site work can not only avoid such incidents, but also manage costs and protect reputation. COUNTING THE COST Underground utilities can be encountered whenever the ground is disturbed. This includes during site preparation work, erecting site signage and fencing, fitting street furniture and repaving or resurfacing work, as well as during deeper excavations in utilities, civil engineering or construction work. In fact, buried utilities are so common that generally it is safest to assume that they are present until demonstrated otherwise. What might seem to be a low risk or minor strike has the potential to affect other services, cause serious injury or additional damage through fire or explosion, cause environmental pollution or contamination and result in significant costs for loss of the service by the end user, and repairs by the utilities owner. All underground services should therefore be regarded as expensive or dangerous to disturb and all possible efforts should be made to identify and avoid them. As well as damage resulting in a service being severed or breached, it is not uncommon for minor damage which does not cause a failure of the service or a leak to occur during excavation work. This type of damage has significant potential cost implications if it is not reported and repaired at the time, and later fails and has to be re-excavated and repaired by the service owner at some point in the future. Equally preexisting damage to a service which is exposed during construction work can also be blamed on the contractor carrying out the work if it is not identified and reported correctly.

2 WHAT NEEDS TO BE DONE? Whilst the general requirements of the Health and Safety at Work etc. Act and the Management of Health and Safety at Work Regulations apply to avoiding contact with underground utilities and maintaining the services they supply, more specific requirements are also relevant. In particular, the Construction (Design and Management) Regulations (CDM) set out a range of requirements to ensure that adequate health and safety standards are achieved during construction work. This includes duties to provide information to contractors, manage safety and co-ordinate construction work and plan for emergencies. In addition to these requirements, more detailed health and safety guidance for the construction sector provided by the Health and Safety Executive (HSE) provides further advice. This includes guidance relating to obtaining service plans, using service location equipment and adopting safe digging practice etc. Even though these duties and standards are widely known across the industry, at Zurich we still see a number of our policy holders suffer high numbers of service strikes. Commonly, this is because: assumptions have been made about the presence or absence of services in a particular work environment permits to dig have not been operated or followed correctly insufficient service location work has been carried out safe digging practices have not been adopted. Frequently, these failings are the direct result of a poor culture, inadequate supervision or a failure on the part of the employer to make their expectations and standards clear to the workforce. ADOPTING AN EFFECTIVE MANAGEMENT APPROACH Key considerations include the following: Identify any specific regulations or guidance that may apply in your particular circumstances. X fitting street furniture and repaving or resurfacing work, as well as during deeper excavations in utilities, civil engineering or construction work. In fact, buried Review in detail relevant HSE guidance and in particular HSG 47: Avoiding Danger from Underground Services, considering the advice for particular construction situations and when working with specific services to identify the required precautions specific to the work in hand Ensure that any risk assessments and method statements are relevant to the work, reflecting the nature of the work and location in the context of relevant guidance. Where permits to dig or similar authorisations to break the ground are used, ensure that they are designed to address service plans, service location, safe digging and local conditions and variations Ensure that risk assessments are completed by someone who is competent. Where employing the services of a health and safety consultant, ensure that they are on the Occupational Safety and Health Consultants Register (OHSCR). Further information is available at Ensure that adequate arrangements are developed, established and maintained for managing the health and safety aspects of the work. Implement and maintain the precautions identified as being necessary as identified in any risk assessment, method statement and/or permit, particularly those relating to: Planning the work (e.g. liaison with service owners/operators; procedures for obtaining service drawings or other suitable information; precautions to deal with other associated risks (e.g. traffic management, excavation safety, the safety of pedestrians and other members of the public etc.); the steps to be taken where the agreed method of working cannot be followed or where additional precautions are required (e.g. in emergency or responsive repairs situations) and for managing contractors or subcontractors if they are involved in the work.

3 Obtaining service information in good time, communicating it and using it in practice. The correct and safe use of cable and pipe-locating devices including their correct selection, use, maintenance, checking and calibration of the equipment and the information and training required for users. Adopting safe digging practices to expose utilities (e.g. trial holes using suitable hand tools, excavating alongside the service rather than directly above it, horizontal digging, water jetting, high-velocity air jets, vacuum removal etc.); supporting services once exposed; correctly identifying them; and meeting any specific reinstatement requirements when backfilling around them. Appropriate emergency procedures for the work being completed to be implemented should a utility strike, accident or other emergency occur (including first-aid arrangements; contacts arrangements with emergency services, and service owners/operators; precautions to be taken until the area is made safe again; public safety arrangements; arrangements outside of normal working hours; procedures for dealing with the media etc.). Ensure that the workforce is appropriately consulted on the required precautions Provide adequate training to operatives and supervisors so that they are able to understand the risks, the working methods to be adopted, the importance of adopting safe working practices, the potential costs and implications of damaging services or causing minor damage which is not reported and rectified, and the actions to be taken to record and provide evidence of pre-existing damage and repairs carried out while the service is exposed.. This training should be provided in addition to any industry or competence training that operatives have already undergone Monitor the implementation of agreed working procedures and associated site precautions on site including any required checks of equipment etc. Record the findings of any audit, inspection or check made Record and retain any records relating to maintenance, inspections, and other checks of any cable locating equipment used, as well as those relating to the information, instruction and training provided to users, supervisors and managers Record and review (as appropriate) the arrangements and responsibilities for managing work in close proximity to underground services as part of the health and safety policy or supporting documentation, and review these where necessary Establish clear reporting lines to notify your insurer promptly of any event that may give rise to a claim so that they are in position to assist in taking any necessary action AFTER THE EVENT ANTICIPATING THE CLAIM Post incident there is likely to be a claim by the service provider for damage to their equipment. There is also the potential for claims from employees for injury. As mentioned earlier in this guide, the costs of an underground service strike can be significant, not only in respect of the physical cost of the replacement equipment but also the labour charged and the management expense incurred, all of which will be included in the claim against you. Whilst your Public Liability insurer is there to protect you in respect of such damage it is essential that sufficient information is retained and subsequently provided to your insurer to allow prompt investigation and determination of your legal liability to compensate the service provider. In addition to any claim for damage or disruption, claims may often arise if there have been any injuries as a result of an underground service strike. Often the claim will not materialise for several weeks, months, or even years after the event. Witnesses to the event will have moved on to other sites. As such, retaining all relevant information will be essential in determining whether there is a legal obligation to settle the claim.

4 Typical information depending on the specific circumstances may include: Accident details relating to: those involved and/or any injured parties (including names and contact details) the extent of any injury, damage or disruption the circumstances (time of occurrence, duration of disruption, location, environmental conditions etc.) details of an sub-contractors and others involved the layout of the area (including any sketches) photographs of the damaged utility and any repairs carried out (with evidence of the depth of the utility e.g. using a ruler, tape measure or something that can provide a sense of scale e.g. a mobile phone or a piece of equipment that can be measured at a later date) written witness statements (again including names and contact details) when the utility provider attends to repair the damage, records detailing how many personnel attend, how long they remain on site and san indication of how much material they use to repair the damage e.g. length of cable etc. Investigation documents such as: accident books internal accident report forms and investigation reports (ensuring that these are clear, concise, complete and factually correct) first-aid reports and records RIDDOR report forms and related documents any Enforcing Authority correspondence relating to the event minutes of any meetings at which the event or related matters were discussed etc. Planning documents such as: records of liaison with service owners/operators including identification and isolation of services service drawings or other plans specific risk assessment and/or method statement permit records plans and documents relating to trial holes or safety digging contract documentation etc. Other records or evidence including: maintenance, checking and calibration of any cable and pipe-locating devices any inspections, audits etc. any training and information provided for users, supervisors and others equipment (e.g. mole) as this may provide useful evidence in subsequent forensic examination. Providing this type of information to your insurer in the event of claim will assist them in investigating the claim and determining liability. An early decision on liability has the added benefit of potentially reducing the time taken to settle the claim and associated legal costs. IS THERE MORE GUIDANCE AVAILBLE? The key references include: Avoiding danger from underground services, HSG 47, HSE, available free at FOR MORE INFORMATION PLEASE CONTACT YOUR LOCAL ZURICH ACCOUNT EXECUTIVE OR YOUR SPECIALIST CONSTRUCTION UNDERWRITER

5 136295A01 (08/13) ZCA Zurich Insurance plc A public limited company incorporated in Ireland. Registration No Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland. UK Branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ. Zurich Insurance plc is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request. These details can be checked on the FCA s Financial Services Register via their website or by contacting them on Our FCA Firm Reference Number is Copyright Zurich Insurance plc All rights reserved. Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under copyright laws.