A health and safety manager who suffered serious burns when a can of solvent exploded has received a suspended prison sentence for putting other workers at risk.
Chelmsford Crown Court heard that Phillip Dutton, 41, was responsible for health and safety at metal distributor, South Essex Stockholders Ltd. On 3 February 2009, he was burning the contents of a skip at the firm’s depot in Vanguard Way, Shoebury in order to compact the waste.
He asked a junior member of staff to fetch a can of surface cleaner so he could pour it into the flames as an accelerant. When he poured the solvent into the fire, it ignited and caused the can to explode and shower him with the substance. He suffered serious burns across his body and spent four months in hospital receiving treatment, including skin grafts.
Southend-on-Sea Borough Council environmental health officer, Dan Jarvis, told SHP there was a culture of adding accelerants when burning waste in skips at the site, and Dutton had not identified the risks associated with adding flammable substances to fires. He said: “As health and safety manager, Mr Dutton should have realised the risks associated with adding flammable solvents to a fire. He put other workers at risk by carrying out this action and by allowing this practice to be carried out at the site. Furthermore, our investigation found that there were inadequate procedures in place to ensure that hazardous substances were stored in a safe place.”
Dutton appeared in court on 15 February and pleaded guilty to breaching s7 of the HSWA 1974. He was given a four-month prison sentence, which has been suspended for two years. He was also ordered to pay £5000 towards costs.
In mitigation, Dutton, who now resides in Cyprus, admitted that he had been foolish to add the solvent to the fire. He urged the judge to be lenient with his sentence as he has already suffered significantly from his own mistake.
His employer, South Essex Stockholders Ltd, was found guilty on 9 December of breaching s2(1) of the HSWA 19
