North East civil engineering contractor ARM Pipetek has been fined £48,000 after an employee fell 20 metres down a manhole in Sunderland, sustaining severe injuries. The County Durham-based company has been ordered to pay a total of £54,051.60.
The incident occurred on March 8, 2024, at Depford Culvert in the Pallion area of the city. The worker, who was carrying out brickwork, fell through the manhole opening after losing his footing during the removal of a manhole cover.
Severe injuries sustained
The employee suffered a dislocated elbow and shoulder, required skin grafts and 20 facial stitches, and fractured his eye socket and right knee. He had to be rescued by emergency services.
Appearing at North Tyneside Magistrates' Court on Thursday, ARM Pipetek pleaded guilty to a charge of failing to discharge general health, safety and welfare duty to an employee. The company admitted the charge on the basis that it was reasonably practicable for the manhole cover to be lifted automatically, reducing the risk of fall from height.
High risk entry
The court heard that ARM Pipetek was contracted to survey the culverted water course in the area. Due to a partial collapse, the exact location at ground level was unknown, and it was decided that a specialist team would need to assess it by "high risk entry".
On the day of the incident, the employee and a colleague were tasked with carrying out brickwork, which involved the removal of a manhole cover. A supervisor gave the workers "verbal instructions" before they began. The men "flipped" the manhole cover rather than sliding it off, during which the worker lost his footing and fell.
Prosecution and mitigation
John Crawford, prosecuting for the Health and Safety Executive, said: "He was completing the brickwork when he fell through the opening of the manhole. He fell 20 metres." He told the court that machinery was on site that could have been used instead of workers removing the manhole lid, adding: "There were other options that could have, and should have been considered, but were not." He noted "insufficient planning" and a "lack of consideration in the specifics of the job".
Harry Vann, mitigating for ARM Pipetek, offered "sincere apologies" for the incident, which "came as a seismic shock". He said that prior to the work, all other options had been "exhausted" and that the company had taken all steps available to avoid work from height. The court heard that ARM Pipetek, which has a turnover of £11.4m, held a further project meeting with Sunderland City Council to discuss the only remaining option, which was to make the opening larger. Mr Vann added that the company has no previous convictions and a strong health and safety record, with no previous enforcement notices.
The court heard that "Pipetek took swift voluntary remedial steps post-incident, including recovering of the manhole", which remains fenced off to this day. Mr Vann said: "The decision to change the manhole cover was not one that was taken lightly. It was down after every other methodology was exhausted, and that shouldn't be glossed over."
Fine and costs
District Judge Zoe Passfield fined the company £48,000 and ordered it to pay court costs of £4,051.60 and a surcharge of £2,000, bringing the total to £54,051.60.
