A repair-garage workshop assistant was knocked unconscious by an oil drum exploding after an oxyacetylene torch was used to cut it.
CCTV footage of the blast (see link below) showed the worker being knocked backwards, the drum shooting up into the air, and his colleagues rushing to extinguish the ensuing fire. He remained unconscious in hospital for five days following the explosion.
The magistrates fined CVS (Anglia) the maximum penalty of £20,000 on each of two charges after it pleaded guilty to breaching s2(1) of the HSWA 1974 by not ensuring its employees’ safety and reg. 3(1)of the Management of Health and Safety at Work Regulations 1999 by failing to conduct a suitable risk assessment of the potential danger.
Nigel Burrows, the investigating officer from Ipswich Borough Council, who brought the prosecution, commented;
“The maximum £20,000 fine on each charge is very significant, as it shows the seriousness of the incident and should act as a deterrent to other duty-holders,” said .
CVS, which employs around 15 people, had a history of cutting off the ends of disused oil drums to make waste bins. The company expressed genuine regret for the incident and said in mitigation that the owner was not at the garage on the day of the incident. The oil-drum modification did not form part of normal work activities and so the firm did not believe a risk assessment was necessary. However, Burrows said the firm had failed to produce any risk assessments for the use of oxyacetylene-based equipment at its premises.
Councillor Neil Macdonald, deputy leader of Ipswich Borough Council, commented:
“The injuries to Mr Gavin were serious, but given the circumstances there could well have been a fatality. We are relieved that Mr Findlay has made a good recovery, that no one else was injured by the explosion, and that it did not result in the premises catching fire.
“We hope this sends a strong message to those businesses not complying with their duties to protect their staff and also that this raises awareness of how dangerous workplaces can be if not properly managed.”
As well as the £40,000 fine, full costs of £16,963 were awarded against CVS (Anglia).