Who Is Responsible For Replacing A Utility Pole

Safety and inspection problems interfere with replacement of deteriorating, rotting wooden power line poles, leading to electrocutions of workers and the public

Recently, I wrote about how utility line workers have one of the 10 most dangerous jobs in the U.S.

But that headline doesn’t tell us why bring a utility line worker is so dangerous. Today, I’ll give you an electrocution lawyer’s nearly 40 year perspective on why so many utility line workers and independent contractors, as well as innocent members of the public are electrocuted every year. It usually starts and ends with unsafe utility poles.

This is an important public safety issue that almost no one outside of the power and utility companies even know about. But it requires urgent attention: With utility poles staying erect longer and longer, hazards to the public are increased. This leads inevitably to preventable injuries and deaths due to electrocution every year. This problem is even more pronounced in older neighborhoods and America’s older industrialized cities, where infrastructure spending has been neglected for decades.

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Not enough utility-pole inspections

Many utility companies have made a conscious decision to cutback on inspection of utility poles. This results in the companies’ failure to timely replace these utility poles when they deteriorate into a dangerous and unsafe condition. It’s hard to know when something is dangerous when you stick your head in the sand to avoid finding out.

Utility poles exceeding their lifespan: Too old and too dangerous to still be standing

There are too many utility poles that are still standing even though they’re way past their intended lifespan.

California is one state where I’ve been contacted as an electrocution lawyer, both by other California attorneys who aren’t familiar with electrocution and shock injury lawsuits and because California has fallen far behind in spending and infrastructure investment in this area. In Los Angeles, the Los Angeles Department of Water and Power (DWP) has 320,000 poles in its service territory, yet half of the poles are 50 years are older. Of these, approximately 87,000 – about 27% – of the DWP utility poles have exceeded their 60-year lifespan, according to an article in the Los Angeles Daily News, “DWP lagging behind on replacing old power poles.”

Just to keep up, utilities like this need to replace an average of about 5,000 poles a year, yet they’re really only replacing about half of that, as the results of a 2007 program (that was launched in response to major California power outages) showed.

Replacement is costly, but people being electrocuted because maintenance is being deferred is more costly

Although it shouldn’t be a consideration – given the preventable injuries and deaths at stake – too many utility companies balk at the idea of replacing utility poles – even those that are obviously dangerous and unsafe – because of the cost.

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We hear the phrase of companies putting profits ahead of people often, but in the case of necessary infrastructure to repair our power grid and electrical usage, it sadly fits all too well.

In 2013, it cost approximately $42,000 to replace one utility pole. One person electrocuted will cost the utility company far more. But lawsuits only come after the fact, when it is too late and even with lawsuits and compensation payments to victims, the utility and power companies are still making the conscious decision to scale back on inspections and defer needed replacement of unsafe utility poles.

Wooden, power-line pole decay

Here’s a video with more information on what happens when pole decay causes a downed power line. This video also outlines the treatment process for wooden power line poles.

As I said in the video, when utility companies do not adhere to reasonable inspection schedules and/or do not employ the available tools they have to detect weaknesses, deficiencies and defects in their poles (like rotting and deterioration), poles may come down, bringing the wires with them.

In litigating electrocution cases stemming from pole decay, our attorneys look to deficiencies in the maintenance of poles themselves and the pole top structures.

If they’re wooden poles, as most of them are, then they’re subject to deterioration from either insect infestation, chemical exposure like pollution, environmental elements like rain, show wind and ice; and rot.

Testing for powerline-pole weakness

Utility companies have a duty to replace utility poles when the strength has deteriorated by half of its original manufacturing strength, according to the law.

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Here are some different types of pole testing that companies can do to identify poles that need to be replaced:

  • Hammer tests for sound: If the pole doesn’t sound of solid wood after being struck by a hammer, that’s one indication of decay.
  • Bore test: Utility companies will drill into the side of the pole to determine its strength.
  • Drilling: Utility companies will also dig out right below the surface of the soil, where the pole emerges, to check for insect infestation or rot.
  • Technology: Utility companies also use ultrasound and x-rays to check for pole decay.

Related info:

Down lines caused by pole decay

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