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 below), which was played in court to Ipswich magistrates on 27 November, showed the worker, Findlay Gavin, 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.
The magistrates fined the company, 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.
“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 Nigel Burrows, the investigating officer from Ipswich Borough Council, who brought the prosecution.
The long-established Ipswich-based company, which employs around 15 people, had a history of cutting off the ends of disused oil drums to make waste bins, Burrows told SHP. “On 24 November 2011, Findlay Gavin had been told by his supervisor to cut the lid off the drum to make an incinerator for use in burning rubbish on an allotment. This could have been purchased for around £10 down the road,” he observed.
“It is a case of what the company shouldn’t have done,” Burrows continued. “It is pretty well-established that you don’t cut the top off oil drums without completely purging them of their contents, which, anyway, is not a practical thing do to.”
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 not conducted any risk assessments for the use of oxyacetylene-based equipment at the garage.
“This is a classic case where a few moments spent considering and avoiding a task would have saved the company the financial and emotional consequences of this accident. It was completely preventable. Anybody who witnessed what happened will never do that again,” Mr Burrows concluded.
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).
The Safety Conversation with SHP (previously the Safety and Health Podcast) aims to bring you the latest news, insights and legislation updates in the form of interviews, discussions and panel debates from leading figures within the profession.
Find us on Apple Podcasts, Spotify and Google Podcasts, subscribe and join the conversation today!
Ditto SJP; note the ungaurded inspection pit. This should have had the unused portion covered or the area bariered off at the very least.
There are ways and means of cutting oil barrels for incinerators, barbeques, bollards, jamaican steel-drums; and this wasn’t it!.
He was very lucky not to also fall into the inspection pit!
This unfortunate incident was foreseeable. It is so obvious that any drum which contained oils, fuels etc may have some residue within, and to add a flame to it was totally senseless thing.