Chemical company fined for uncontrolled acid releases
A chemical manufacturing company has received a seven-figure fine after two incidents of uncontrolled acid releases.
On 6 January 2020, an uncontrolled release of hydrochloric acid arose from three chemical storage tanks. 300,000 litres of the acid were released via poorly maintained pipework. As the acid came into contact with the atmosphere, a hydrogen chloride gas cloud was created. This cloud spread to nearby towns. Nearby CCTV footage shows the atmosphere being engulfed in the cloud within 60 seconds.
Local businesses were affected and schools in West Thurrock and Chafford Hundred were advised to close. Due to the risk to local residents of exposure to the migrating fumes, advice was provided by emergency responders to close windows and doors. The incident lasted approximately 24 hours.
On 29 August 2020, another uncontrolled release occurred. In this incident, sulphuric acid was released due to a crack in a pipe. 87,000 litres of the acid were released into the atmosphere. The valve that was designed to control leaks in the event of cracks did not operate as intended, leading to the uncontrolled release, increasing risks to operators and delivery drivers.
The sulphuric acid leak continued for a further two days due to the inability to operate a manual valve to stop the process. The loss of containment was eventually stopped on 31 August 2020.
A joint HSE and Environment Agency investigation into the release of hydrochloric acid in January 2020 found that pipework had not been installed, maintained and inspected sufficiently. This had led to several smaller pipe failures before the more serious loss of containment. The investigation found that pipework had not been properly maintained and a protective chemical-resistant coating had not been applied to the full height of the containment walls.
An HSE investigation into the release of sulphuric acid in August 2020 identified a lack of inspection and maintenance of the pipework and valves.
Breaches
6 January 2020 incident:
Industrial Chemicals Limited pleaded guilty to breaching Section 2(1) and Section 3(1) to the Health and Safety at Work etc Act 1974:
- Section 2(1) applies a duty on every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.
- Section 3(1) applies a duty on every employer to ensure, so far as is reasonably practicable, persons other than employees are not exposed to risks to their health or safety.
Industrial Chemicals Limited also pleaded guilty to two charges of breaching environmental permit conditions in contravention of Regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2016:
- Regulation 38(2) makes it an offence to fail to comply with or to contravene an environmental permit condition.
29 August 2020 incident:
Industrial Chemicals Limited pleaded guilty to breaching Section 2(1) to the Health and Safety at Work etc Act 1974.
Penalty
Industrial Chemicals Limited was fined £2.4 million in relation to charges under the Health and Safety at Work Act 1974 and a further £100,000 in relation to charges under the Environmental Permitting (England and Wales) Regulations 2016.
Haulage company fined for fatality that arose due to an inadequately secured load
A road haulage company in Nuneaton has been fined after a metal heat exchanger fell from its lorry, killing a cyclist.
On 18 June 2021, a Heavy Goods Vehicle (HGV) operated by JW Morley Transport Ltd was driving down College Street, Nuneaton. The HGV was carrying four heat exchangers weighing over 10,000kg. When the lorry went round a bend, the load shifted in the vehicle, causing one of the straps securing the load to snap. This resulted in one of the heat exchangers falling from the lorry, killing a man who was cycling alongside the vehicle.
The HSE investigation revealed that the heat exchangers were inadequately secured on the vehicle. This made the load prone to toppling. The ratchet straps used to secure the load were also in poor condition.
The investigation also found that although the driver was trained in driving Heavy Goods category C, he had not received training in load security, which would have equipped him with the means to devise a suitable securing scheme for an unusual and high-risk load like the heat exchangers. The driver had also not been provided with a securing scheme by JW Morley Transport Ltd.
Breach
JW Morley Transport Ltd pleaded guilty to breaching Section 3(1) to the Health and Safety at Work etc Act 1974.
Penalty
JW Morley Transport Ltd was fined £90,000 and ordered to pay £8,047.55 in costs.
Council fined for serious safety failings on its guided busway that led to multiple deaths and injuries
Cambridgeshire County Council has received a major fine after pleading guilty to serious safety failings on its Guided Busway that led to three deaths and multiple injuries over a 10-year period.
After dark on 17 November 2015, a couple stepped off a bus and attempted to cross the track to get on another bus towards Cambridge. They did so at the designated crossing. As they crossed the Busway, a guided bus was on the approach. There was no lighting in this area, so the woman was not visible to the bus driver, who was travelling within the speed limit in place at the time (56mph). By the time she was in sight of the bus driver, it was too late. She died at the scene.
On 13 September 2018, an experienced cyclist was cycling along the access road that facilitates maintenance of the guided busway. The space was opened up to the public as a pedestrian pathway and cycle route by the Council. The man was near Clare College’s sportsground when he lost control of his bicycle in busy cyclist and pedestrian traffic. His front wheel struck the raised kerb that separates the guided track and access road. He was thrown over his handlebars into the path of an oncoming bus. The bus was travelling within the set speed limit (56mph). The bus was unable to stop in time to avoid the cyclist, who died at the scene.
On 1 May 2019, a then 12-year-old cyclist, was attempting to cross the Busway when she was struck by a bus and sustained injuries requiring hospital treatment.
On 26 October 2021, a woman was walking along the pathway a few hundred meters south of the location of the 13 September 2018 accident. She was next to the southern guided section of the Busway when she was struck by a passing bus and killed. The oncoming northbound bus which hit her had been travelling at the 30mph speed limit, which was the revised limit for that section set by the Council after the cyclist’s death in 2018.
After dark on 9 November 2021, a then 16-year-old cyclist was struck and the designated Buchan Street crossing. This left the cyclist with life changing injuries.
The HSE investigation identified safety management failings within Cambridgeshire County Council for the operation of the Busway for a period of just over 10 years. These failures related to two distinct risks; members of the public seeking to cross the Busway at designated crossing points and risks to members of the public when they were merely in its vicinity or seeking to travel alongside it.
Despite interventions by HSE which included two Improvement Notices, it was found that Cambridgeshire County Council failed to adequately manage safety on the Busway until late 2021.
The first risk assessment was only undertaken in August 2016, after one death and several serious injuries on the Busway. This assessment did not adequately assess the risk to members of the public crossing, or being alongside, the Busway.
Furthermore, Cambridgeshire County Council did not consider other measures to reduce the risk to members of the public, such as speed limits and the provision of lighting and suitable signage.
Breach
Cambridgeshire County Council pleaded guilty to two offences under Section 3(1) to the Health and Safety at Work etc Act 1974.
The charges related to failing to protect the public, both at crossing points and while travelling alongside the busway.
Penalty
Cambridgeshire County Council was ordered to pay a fine of £6 million plus £292,460.90 in costs.
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