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WatsonD  
#1 Posted : 19 February 2018 09:30:41(UTC)
Rank: Super forum user
WatsonD

Whilst I have my own thoughts on this, I know there are many of you who will challenge opinion to help me to strengthen my views, so here goes:

We are working as a contractor in an occupied block of flats. We have hired a diamond driller to create some core holes. Not once but twice now the DD has drilled though live cables. The PC has told us we need to get an electrician to repair, which we have done.

In terms of liability, who is responsible or is responsiblity shared, for the damage. Bearing in mind no one was hurt, but some one could have been.

RayRapp  
#2 Posted : 19 February 2018 10:11:31(UTC)
Rank: Super forum user
RayRapp

In order to understand who is responsible a few facts need to be established. First, was the DD provided with service drawings? Did the DD or anyone on his behalf carry out CAT scans to establish if there were any lives services within the vicinity of the work? 

Charlie Brown  
#3 Posted : 19 February 2018 10:20:05(UTC)
Rank: Forum user
Charlie Brown

This is a bit like driving a car at night with the headlights off. If you hit something then it's your fault. The DD should have satisfied themselves that there were no services in the area they were drilling. That being said, it has happened where services are present in places where they shouldn't be and that's a whole new ball game.

johnmurray  
#4 Posted : 19 February 2018 16:53:22(UTC)
Rank: Super forum user
johnmurray

One of the people still living....
paul.skyrme  
#5 Posted : 19 February 2018 20:43:55(UTC)
Rank: Super forum user
paul.skyrme

Was the wiring for final circuits?

Was it in safe zones?

If so the drilling contractor should have known this and refused to drill.

If not then the wiring should not have been there.

Roundtuit  
#6 Posted : 19 February 2018 21:09:19(UTC)
Rank: Super forum user
Roundtuit

Who instructed the team where to drill - the PC, their contractor (you), or the supervisor of the sub-contractor (the DD team)?

As the lowest link in the chain I will claim "just followiing instruction" as subbie you signed off my RAMS

As the highest link in the chain did I provide sufficient information AND ensure suitable controls were available BEFORE making holes? Did I consider that you would hire in specialists?

As the middle link on the chain I am in for a kicking from both sides as PC and subbie assume I know what is going on - I am taking the money for the job ergo it is my duty to clearly communicate the task to those I contract to do the actual work.

a.k.a. "Follow the money" the PC contracted you to do the work you are liable to the PC, you may have recourse to the DD team but it depends upon your contract with them i.e. did you ensure there was back to back professional indemnity for the task you asked them to undertake

Edited by user 19 February 2018 21:19:43(UTC)  | Reason: added follow the money

Roundtuit  
#7 Posted : 19 February 2018 21:09:19(UTC)
Rank: Super forum user
Roundtuit

Who instructed the team where to drill - the PC, their contractor (you), or the supervisor of the sub-contractor (the DD team)?

As the lowest link in the chain I will claim "just followiing instruction" as subbie you signed off my RAMS

As the highest link in the chain did I provide sufficient information AND ensure suitable controls were available BEFORE making holes? Did I consider that you would hire in specialists?

As the middle link on the chain I am in for a kicking from both sides as PC and subbie assume I know what is going on - I am taking the money for the job ergo it is my duty to clearly communicate the task to those I contract to do the actual work.

a.k.a. "Follow the money" the PC contracted you to do the work you are liable to the PC, you may have recourse to the DD team but it depends upon your contract with them i.e. did you ensure there was back to back professional indemnity for the task you asked them to undertake

Edited by user 19 February 2018 21:19:43(UTC)  | Reason: added follow the money

Poynter21205  
#8 Posted : 19 February 2018 21:28:11(UTC)
Rank: Forum user
Poynter21205

Risk of harm not actually injury is all that is required to create an offence. If HSE investigated the responsibilities of all three parties plus the project client and principal designer would be considered. Nothing to stop a finding that all 5 were 'liable' in respect of the criminal law.
Kate  
#9 Posted : 19 February 2018 21:29:10(UTC)
Rank: Super forum user
Kate

Who is responsible for the damage would be approximately the last thing on my mind.

paul.skyrme  
#10 Posted : 19 February 2018 22:56:18(UTC)
Rank: Super forum user
paul.skyrme

Anyone who actually does the work of drilling holes in walls, i.e, the actual operative on the end of the drill, should be aware of the safe zones for final circuit wiring in domestic premises.

If they are not, then they are not competent to drill the hole in the first place.

I'm not going to go into the blame game for that, but, that is pretty much cut and dried.

WatsonD  
#11 Posted : 20 February 2018 11:14:06(UTC)
Rank: Super forum user
WatsonD

Thank you for responses so far. Just to hopefully, cover some questions asked:

  1. No-one was injured during this episode.
  2. The hole was drilled through a concrete floor, not wall
  3. It is being carried out in an older building - not a new build.
  4. We have not been given service drawings. In these older properties it is higly unlikely we will receive these - even where we do, they are most likely not kept up-to-date.
  5. The wiring cut was the lighting.
David H  
#12 Posted : 20 February 2018 14:04:58(UTC)
Rank: Super forum user
David H

I would suggest the supervisor who had the authority and instructed the work to start without doing any ground scans is responsible for the incient. Whether he is accountable is another matter - investigation will decide that.

To err once was unfortunate - to do it again is inexcusable and unacceptable. 

paul.skyrme  
#13 Posted : 20 February 2018 19:29:39(UTC)
Rank: Super forum user
paul.skyrme

Originally Posted by: WatsonD Go to Quoted Post

Thank you for responses so far. Just to hopefully, cover some questions asked:

  1. No-one was injured during this episode.  - thank goodness for that!
  2. The hole was drilled through a concrete floor, not wall - from one flat into the one below?
  3. It is being carried out in an older building - not a new build.  - Safe zones have not changed for 18 years now
  4. We have not been given service drawings. In these older properties it is higly unlikely we will receive these - even where we do, they are most likely not kept up-to-date. - This is a shame, but sadly true.  An argumet for preliminary investigations to be paid for by the client then, time for a change and get services surveys done, in the same way as asbestos surveys are done, and ensure that the client get hit in the pocket for not being responsible and keeping their documentation up to date.
  5. The wiring cut was the lighting. - So, in the flat below then?

So, IMHO the person with the drill, should have checked both sides of the “thing” that they were drilling through, this would mean looking at the floor “upstairs” and the ceiling, “downstairs”, this would not tell them where the lighting cable was, but, if there was a light in the room, then it would be reasonable to believe that there is a cable in the ceiling somewhere, unless it was surface run, in trunking or conduit, then it would have needed to be scanned for. However, it is reasonable to expect a cable supplying a light somewhere in the ceiling.

Now if, the cable was on the surface “downstairs” then the person with the drill needs a serious talking to.

If it was just a single cable supplying a single pendant in a room, if that is wired in steel conduit you may well have a job detecting the current flowing through the wiring to the pendant through the earthed steel conduit.

thanks 2 users thanked paul.skyrme for this useful post.
WatsonD on 21/02/2018(UTC), Kate on 23/02/2018(UTC)
WatsonD  
#14 Posted : 21 February 2018 08:23:27(UTC)
Rank: Super forum user
WatsonD

Thanks Paul. That realy helps. Just to recap

  1. I wouldn't have been so blase had someone been injured.
  2. It was in a corridor, but yes to the floor below
  3. The only information on safe zones I can find is for walls, which is of no use in this circumstance - do you know where I could find detail on flooring?
  4. This took out the lighting on the whole floor below.

We have been working with the DD to ensure a safer system of work, but it is a shame that we cannot eradicate the risk entirely.

Gareth Chester  
#15 Posted : 21 February 2018 16:39:21(UTC)
Rank: New forum user
Gareth Chester

Are your DD company a demolition company if so they should be working to BS 6187 BS for demolition and this states that they will carry out various checks for service isolations prior to demolition or refurbishment.

In regards to blame it will depend on what information has been provided and how accurate it

 is.

I would also imagine this work will fall under a permit to break ground. If so this may be issued by

the PC and have various references to HSG 47 and cable avoidance tools. This would then put a bit more blame on the permit issuer and receiver as they should have checked all the condition of the permit were met before commencing.

If not then maybe this sort of work should fall under a permit to break ground in future,

as who is to blame / responsible shouldn’t be the focus, it should be more about how you can stop it happening gain.  

paul.skyrme  
#16 Posted : 21 February 2018 17:00:24(UTC)
Rank: Super forum user
paul.skyrme

Originally Posted by: WatsonD Go to Quoted Post

Thanks Paul. That realy helps. Just to recap

  1. I wouldn't have been so blase had someone been injured.
  2. It was in a corridor, but yes to the floor below
  3. The only information on safe zones I can find is for walls, which is of no use in this circumstance - do you know where I could find detail on flooring? - there are none, that's why you can't find them
  4. This took out the lighting on the whole floor below. - Probably due to it taking the lighting circuit protection out for the communal area lighting, that's why all the lights went out.  The individual flats should still have been OK?  Was it just the communal lighting?

We have been working with the DD to ensure a safer system of work, but it is a shame that we cannot eradicate the risk entirely.

Was the electrical supply they drilled through within the structure or surface mounted?

​​​​​​​

paul.skyrme  
#17 Posted : 21 February 2018 17:04:55(UTC)
Rank: Super forum user
paul.skyrme

Originally Posted by: Gareth Chester Go to Quoted Post

Are your DD company a demolition company if so they should be working to BS 6187 BS for demolition and this states that they will carry out various checks for service isolations prior to demolition or refurbishment.

In regards to blame it will depend on what information has been provided and how accurate it

 is.

I would also imagine this work will fall under a permit to break ground. If so this may be issued by

the PC and have various references to HSG 47 and cable avoidance tools. This would then put a bit more blame on the permit issuer and receiver as they should have checked all the condition of the permit were met before commencing.

If not then maybe this sort of work should fall under a permit to break ground in future,

as who is to blame / responsible shouldn’t be the focus, it should be more about how you can stop it happening gain.  

I would not expect internal works on flooring to be covered by the description of breaking ground.

CAT will have difficulty with 230V very low current wiring encased in steel conduit, remember it's the EM field that they detect in wiring, and this is made up of the current and the voltage which is why they work on larger services cables even though they are often steel wire armoured.

Also SWA is very leaky when it comes to EMC and EMF, where as conduit is a much better screen.  Hence it much more difficult to detect the EM field from.

Gareth Chester  
#18 Posted : 21 February 2018 17:26:08(UTC)
Rank: New forum user
Gareth Chester

I think your right on the difficulty detecting  230V  with a CAT. 

 

But with all the Brokk and diamond drilling works carried out within live environments. I would advise a permit to break ground. it gets the guys the mind set of reviewing drawings looking for services such as sprinklers. I think some contractors will try and argue this but once you make them aware of the possibilities of water, electric , data etc in or below the floor. It makes sense.  if they disagree ask them what procedures they currently have in place that cover the operation. 

I’ve seen a few contractors caught out when drilling and Brokking floors your best to cover it with a permit to break ground as that’s what you’re doing after all. It’s you call,  but I always cover it when working in a live building. 

If you doing works within an isolated/ empty building , there is no need. 

WatsonD  
#19 Posted : 22 February 2018 08:43:43(UTC)
Rank: Super forum user
WatsonD

Originally Posted by: paul.skyrme Go to Quoted Post
Originally Posted by: WatsonD Go to Quoted Post

Thanks Paul. That realy helps. Just to recap

  1. I wouldn't have been so blase had someone been injured.
  2. It was in a corridor, but yes to the floor below
  3. The only information on safe zones I can find is for walls, which is of no use in this circumstance - do you know where I could find detail on flooring? - there are none, that's why you can't find them
  4. This took out the lighting on the whole floor below. - Probably due to it taking the lighting circuit protection out for the communal area lighting, that's why all the lights went out.  The individual flats should still have been OK?  Was it just the communal lighting?

We have been working with the DD to ensure a safer system of work, but it is a shame that we cannot eradicate the risk entirely.

Was the electrical supply they drilled through within the structure or surface mounted?

​​​​​​​

Yes just communal lighting; and yes, the cable was within the structure.

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