A company and a contractor were fined last week, after an incident that forced an evacuation of 30 homes in the Derbyshire village of Wessington.

On 21 June 2022, village residents were forced to leave their homes after contractor Elliott Kirk struck an underground gas main with a mechanical post knocker.

Mr Kirk was contracted by Belper Skip Hire Limited to install fencing around their farm property on Brackenfield Lane.

When Mr Kirk struck the gas main, over 2 million kilogrammes of gas were released. This put 30 homes in the surrounding area at risk from fire and explosion.

The incident was investigated by the Health and Safety Executive (HSE). They found that Cadent, the asset owner, informed Belper Skip Hire Limited about the gas main’s location in May 2022. Belper Skip Hire Limited were advised not to carry out ground-penetrating works in the vicinity because of the risk of striking the main.

Belper Skip Hire Limited acknowledged receipt of this information – yet they failed to pass it onto Mr Kirk, and allowed the fence installation to continue.

In his capacity as contractor, Mr Kirk failed to obtain underground service diagrams before commencing works. He also failed to take any other steps to check for underground services.

Belper Skip Hire Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £26,667 and ordered to pay £3,173 in costs at Derby Magistrates’ Court on 2 December 2024.

Elliott Henry Kirk, of Castle Gate, Nottingham, pleaded guilty to breaching Regulation 16(2) by virtue of Regulation 25(4) of the Construction (Design and Management) Regulations 2015. He was fined £800 and ordered to pay £3,173 in costs at Derby Magistrates’ Court on 2 December 2024.

Sinead Martin, the Investigating Inspector at the Health and Safety Executive, said:

“In this case, both Elliott Kirk and Belper Skip Hire Limited failed in their duties and, as a result, Mr Kirk and others in the vicinity were put at serious risk.

“It is extremely fortunate that this incident did not result in serious injury; had the gas ignited, the resulting explosion would have been catastrophic.

“Prior to breaking ground, contractors must take suitable steps to check for the presence of underground services. They must then adopt safe digging practices to ensure that no buried services are damaged as a result of their work.

“Commercial clients have a duty to pass on all relevant pre-construction information within their possession to contractors to enable them to manage the risks.”

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