UK: Hospital fined after employee suffered brain injury in manhole

The following is an abridgement of an article originally published on the HSE website.

Employee found unconscious in manhole

An employee of a hospital was unblocking a drain on 1st February 2022, when he was discovered by other staff members to be unconscious in a manhole. He had been exposed to toxic fumes while confined in the small working space. He was rescued by the fire service and treated at the hospital for acute sulphate intoxication but he suffered a traumatic brain injury and has since suffered memory loss and nerve damage.

Proper risk assessment and training wasn't provided

The HSE (Health and Safety Executive) investigated the incident and found the hospital failed to identify the manhole as a confined space, which means it didn't properly assess the risks of the activity. It also failed to prevent entry of employees into confined spaces which had been a practice for many years prior. Additionally, the hospital failed to identify a safe system of work for clearing blocked drains and no precautions or training was given to employees.

Understand the risk of confined spaces

In light of this incident, it is important to understand the risk of confined spaces. Working in a confined space is dangerous because of the risks from noxious fumes, reduced oxygen levels, or a risk of fire. Other dangers can include flooding, drowning or asphyxiation from some other source such as dust, grain or other contaminant.

The HSE has a guide on working in confined spaces which can be read here. Some important dos and don'ts are:

• Do be aware of the risks that may occur within a confined space
• Do make sure the person doing the work is capable and trained in both the work and the use of any emergency equipment
• Don't work in confined spaces unless it's essential to do so
• Don't ignore the risks – just because a confined space is safe one day does not mean it will always be
• Don't let others enter a confined space until you are sure it's safe to do so

Court outcome

The hospital pleaded guilty to breaching the Health & Safety at Work Act 1974, which states that employers have a duty to ensure the health, safety and welfare of their employees. The hospital was fined £480,000 and ordered to pay £4,286.15 in costs by the Wellingborough Magistrates’ Court on 9 January 2024.

HSE enforcement lawyer Samantha Wells says:

“This case highlights the dangers of working in confined spaces. The manhole should have been identified as a confined space, and risk assessed accordingly. Safe systems of work for entry into confined spaces should have been in place, such as those outlined in the HSE’s Approved Code of Practice.”

Read the full article here and find more about the legislation referred to in this case here.

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Sources

NHS trust fined after employee found unconscious in manhole by HSE, 9th January, 2024.