Metal recycling firm Deeside Metal Company and hygiene products manufacturer Jeyes UK were prosecuted by the Health & Safety Executive (HSE) for failing to have proper controls in place to manage the extremely flammable materials that led to Mark Wright, 37, suffering fatal burns on April 12 2005.
This is a tragic case and must serve as a warning to other companies handling potentially dangerous material
Jane Lassey, HSE
A separate health and safety charge was also brought by the Crown Prosecution Service against the manager of Chester-based Deeside Metals, Robert Roberts.
The court heard how Deeside Metal received aerosol canisters from Jeyes UK, who had failed to clearly label and segregate them from less hazardous waste. This meant that employees handled canisters they believed to be empty when in fact they should have been labelled ‘extremely hazardous' and treated as such.
Mr Roberts instructed Mr Wright to crush the canisters in a metal baler. When the baler was activated, a canister caught fire and engulfed Mr Wright in flames.
The court heard how neither Deeside nor Jeyes had carried out suitable risk assessments before allowing employees to handle potentially hazardous material. Furthermore, both companies had failed to train or monitor staff in their disposal.
Charges
Deeside Metals Company pleaded guilty to charges under Section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £100,000 and ordered to pay costs of £10,000.
Section 2(1) of the Health and Safety at Work etc Act 1974 places an obligation on employers to ensure, as reasonably practicable, that the health, safety and welfare of employees. And, Regulation 3(1) places an obligation on employers not to expose employees to risk.
Jeyes UK was fined £330,000, with £50,000 costs, after pleading guilty to a charge under Section 3(1) of the Health and Safety at Work etc Act 1974, which places an obligation on employers to carry out suitable and sufficient risk assessments.
Meanwhile, Robert Roberts pleaded guilty to a charge under Section 7(a) of the Health and Safety at Work etc Act 1974, which places a duty on every employers to establish and maintain a safety committee if requested to do so. Mr Roberts was fined £10,000.
“Tragic”
Commenting on the case, Jane Lassey, HSE head of operations in Wales, said: “Both companies contributed to the death of Mr Wright by allowing this highly dangerous situation to arise.
“Jeyes UK had a clear responsibility to ensure the canisters were labelled correctly and separated from non-hazardous waste, and to have procedures to prevent such dangerous waste being inadvertently remove from their site. By failing to do this they put workers in danger.”
And, Ms Lassey said that Deeside “lacked proper procedures” for handling hazardous waste and operating dangerous machinery.
“They assumed the canisters were empty, but this proved to be a fatal error of judgement,” she added. “This is a tragic case and must serve as a warning to other companies handling potentially dangerous material about the consequences of not having safe working practices in place.”
A spokesman for Jeyes UK said: “We were greatly saddened by Mr. Wright's death and we again extend our condolences to his family.
“Jeyes is committed to and prioritises the safety and wellbeing of its staff and of those who come into contact with its business. We invest substantially every year in training and safety, which we consider to be a key and integral part of our activities.”
Deeside Metals declined to comment on the verdict.
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