Peter Smith represents BSH following the evacuation of 30 homes in a Derbyshire village

Peter Smith represents BSH following the evacuation of 30 homes in a Derbyshire village

R (HSE) v. BSH Ltd & Another: Dec 2024 at Derby

Cadent Gas Ltd was responsible for the gas pipe network system relevant to the incident which took place on the 22^nd June 2022 at BSH’s farm.

BSH purchased a farm in January 2021 consisting of ‘5 Lots’ amounting to 122 acres. The farmhouse did not form part of the purchase.

In March of 2022, BSH took on a specialist independent fencing contractor to construct a significant amount of fencing around the farm. 

The contractor was a co-defendant, and as a contractor, was subject to regulation 25(4) of CDM 2015 in relation to underground services. He was separately represented.

BSH was charged with a breach of section 3(1) of the Health and Safety at Work Act 1974 in relation to the underground services and those not in its employment who might be impacted by the conduct of its undertaking.

The fencing work commenced in March 2022 and BSH had no knowledge of a shallow dug and covered gas pipeline running close to the boundary on ‘Lot 4’. In fact, the only physical indication of such a shallow laid pipeline was in ‘Lot 5’ by way of a marker board. ‘Lot 5’ was a considerable distance from ‘Lot 4’ and the location of the incident.

Initially unknown to BSH, a letter had been sent by Cadent on the 9^th May 2022 to the ‘owners’ of the farm at the farmhouse, and not to BSH. The letter did eventually reach BSH and it referred to an easement consisting of a 12ft strip on the farm containing a gas pipeline. The easement / plan was not provided to BSH from the occupiers of the farmhouse at this time.

Unfortunately, the co-defendant specialist contractor had not undertaken any searches before commencing his work in March 2022; which included using a post-driver to fix the posts. Further, BSH failed later in May 2022, to notify the contractor of the letter so that the work could have been suspended and searches undertaken.

On the 21^st June 2022 at approximately 11am, the contractor was operating the post-driver when on its second drive, struck the medium pressure pipeline causing an explosion. No injuries were recorded.

There was guidance for Cadent Gas Ltd supporting the Pipelines Safety Regulations 1996. The guidance from the HSE ‘A guide to the Pipelines Safety Regulations 1996’ as well as an Approved Code of Practice (“ACOP”) concerned the construction and installation of gas pipes, including depths and other potential protective measures. 

Over the 25 years since the coming into force of the Regulations etc applicable, the pipe was never located at a much greater depth; or otherwise given additional protection such as concrete slabs, steel plates or reinforced backfill. Further, no additional markers had been fixed on the ‘Lots’ to which the easement referred. As it transpired during proceedings, the easement dated back to 1956. It should be noted that Cadent Gas was not prosecuted.

In the result, BSH was a ‘Small’ organisation with a turnover between £2m - £10m. Following submissions, which focussed upon the context, ‘Steps Three & Four’ of the Sentencing Guidelines, the absence of any relevant previous convictions and the timely plea, a fine of £26, 667 was imposed, together with costs of just over £3,000 and time to pay. The contractor as an individual was also fined subject to his means, and ordered to pay costs.  

Peter was instructed by Steven Harrison, Legal Director at DAC Beachcroft Birmingham on behalf of BSH Ltd      

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