A Bedfordshire based Waste Management firm has been fined as the result of two of its workers suffering burns whilst processing highly flammable canisters.
Steven Micklewright of Kangs Solicitors sets out the circumstances.
The Circumstances | Kangs Fire Safety Solicitors
The Court heard how, in July 2016, two workers were processing flammable aerosol canisters using an industrial shredder.
The canisters were ‘highly pressurised’ and, whilst using a gas operated forklift to move them, a spark ignited a cloud of gas.
One of the workers suffered serious third degree burns which left him on a life support machine for ten days.
A Health and Safety investigation found the work ‘was not suitably planned, not supervised by a competent person nor was it carried out in a safe manner’.
The company pleaded guilty to breaching Regulation 6(1) of the Dangerous Substances and Explosive Atmosphere Regulations 2002 which resulted in the imposition of a fine of £100,000 and an Order to pay costs of over £11,000.
The Relevant Health and Safety Law | Kangs Regulatory Law Advisors
Regulation 6(1) states;
‘every employer shall ensure that risk is either eliminated or reduced so far as is reasonable practicable’
Regulation 6(3) goes on to state;
‘where it is not reasonably practicable to eliminate risk…the employer shall, so far as is reasonably practicable, apply measures, consistent with the risk assessment and appropriate to the nature of the activity or operation…to control risks…and, to mitigate the detrimental effects of a fire or explosion or the other harmful physical effects arising from the dangerous substances’
How Can We Help? | Kangs Health and Safety Solicitors
Our team is able to provide advice and assistance throughout the entire criminal process including the initial intervention by the Health and Safety Executive, interview under caution, the defence of any ensuing criminal prosecution and any enforcement proceedings.
Given the potential financial implications for any business found to have breached the Regulations, it is important to instruct a firm with the specialist knowledge, understanding and experience of advising in this difficult area of law.
Who Can I Contact For Help? | Kangs National Health and Regulatory Solicitors
If you are being investigated by the Health and Safety Executive, have been invited to an interview under caution or are being prosecuted for Health and Safety breaches, please feel free to contact our team through any of the solicitors named below who will be happy to provide you with some initial advice and assistance.