Distillery blaze left 21-year-old worker engulfed in flames
A distillery in Oldbury has been fined after an employee was engulfed in flames in a fire that destroyed the warehouse and its contents.
Wolverhampton Crown Court heard how ethyl acetate (highly flammable liquid) was being transferred from a bulk storage tank into an intermediate bulk container when an employee was engulfed in flames. The 21-year-old sustained twenty percent burns to his head, neck and hands.
The fire, at the Alcohol Limited distillery on Crosswell road in Oldbury, destroyed the warehouse and caused damage to nearby cars and houses. West Mercia Fire and Rescue Service were called to bring the fire under control.
An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 26 November 2012 found that the most likely source of ignition was a discharge of static electricity generated by the transfer of the liquid.
There was poor maintenance of pipework and associated valves. There was a failure to competently inspect the equipment or monitor the systems of work.
Alcohols Limited, of Charringtons House, The Causeway, Bishop’s Stortford, Hertfordshire, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £270,000 and ordered to pay costs of £25,009.
NHS Foundation Trust fined over patient death
Pennine Care NHS Foundation Trust has been fined for safety failings after a patient drowned during a canoeing activity event.
Mansoor Elahi, 31, from Rochdale was an inpatient at Birch Hill Hospital when the incident occurred at Hollingworth Lake, Rochdale on 5 September 2013.
Manchester Crown Court heard how Mr Elahi was participating in a pre-arranged rafted canoeing activity provided by an outdoor activities centre in partnership with Pennine Care NHS Foundation Trust, when he removed his buoyancy aid and jumped into the water in an attempt to end his own life.
An investigation by the Health and Safety Executive found that Pennine Care NHS Foundation Trust had failed to carry out a risk assessment for the activity or to adequately assess Mr Elahi’s suitability to attend.
Mr Elahi’s family said “Mansoor was a loving, caring and immensely pleasant son, husband, brother, uncle and friend. He never failed to make those around him happy and we feel that a massive piece of our life and soul has been taken away from us.
“This immensely difficult time, which has now spanned over two years, has left us with no choice but to unfortunately lose trust in the mental health services at Pennine Care NHS Foundation Trust. We cannot help but think that if it was not for these failings then we would still have Mansoor with us today. We hope and pray that some positive changes can come from these events so patients are no longer put at risk.”
Speaking after the hearing, HSE Inspector Caroline Shorrock said: “The Trust failed to adequately assess Mr Elahi’s suitability to attend the rafted canoeing activity. Mr Elahi’s actions were entirely foreseeable as he had tried to enter the lake on a previous occasion. Had the Trust carried out a suitable assessment they would not have allowed a vulnerable person the opportunity to end his life.”
Pennine Care NHS Foundation Trust of 225 Old Street, Ashton-under-Lyne, pleaded guilty to breaches of Regulation 3(1) of the Management of Health and Safety at Work Regulation 1999 and Section 3(1) of the Health and Safety at Work etc. Act 1974 and was today (29 July 2016) fined £30,000 and ordered to pay costs of £51,223.88.
New Guidance to Judges Leads to Increased Penalties for Health and Safety Breaches:
The latest cases in court at the moment, since the new guidance to judges came into force have set precedence for future cases.
The new system has been in force since February 2016.
february-2016-legal-update.php
Penalties have been significantly higher compared to the "old" system.
See the webinar below in which expert lawyers discuss these test cases and consequences to organisation of various types.
- Penalties and fines are significantly higher than before.
- Managers and directors are more likely to go to prison for serious H&S breaches.
- Prison sentences are longer than the previous system.
- Penalties are not always linked to the actual severity of the harm caused but linked to the potential for harm and number of people exposed.
- Fines are now more closely linked to financial turnover of the organisation and not profit.