Futamura Chemical UK was sentenced at Warrington Magistrates’ Court on 6 January 2026 after pleading guilty to breaches of Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974.
The company was also ordered to pay £20,000 in costs.
The prosecution was brought by the Health and Safety Executive (HSE), with enforcement lawyer Karen Park and paralegal officer Benjamin Stobbart acting on its behalf.
Incident occurred in 2021
The incident occurred on 24 December 2021 at Futamura’s factory premises on Station Road, Wigton.
Employee Alexander Cole, known as Alec, was found in a pump room after being exposed to gas.
Delivery driver Robert Dyer attempted to assist Cole but was also overcome by the fumes.
Both men were rescued from the pump room, and Dyer quickly regained consciousness.
Cole, however, was taken to hospital where he died the following day, on Christmas Day. A subsequent inquest concluded that, on the balance of probabilities, hydrogen sulphide exposure had contributed to his death.
‘Tragic case’
The court heard that the failings related to inadequate risk assessment and control measures associated with the build-up of hydrogen sulphide gas within the site’s water effluent and drainage system.
While the company had assessed the risks of hydrogen sulphide within its production area and implemented some controls, it had not sufficiently identified or managed the risk of the gas entering and accumulating within drains, from where it could be released and expose workers.
Hydrogen sulphide is a colourless gas with a characteristic “rotten egg” smell and is known to be highly hazardous.
Exposure can cause symptoms ranging from dizziness and loss of consciousness to fatal outcomes, depending on concentration and duration.
Inspector, Matthew Shepherd, said: “This tragic case shows the importance of conducting a thorough and robust risk assessment to ensure that all risks are properly identified and managed.
“Where companies use, or produce within their processes, substances harmful to health, it is vital that they have fully considered and controlled all pathways to exposure.
“Failure to do so can have terrible consequences.”
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