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September 23, 2013

£100,000 fine for Aesica Pharmaceuticals after man sprayed by toxic chemical

A pharmaceutical company has been fined after a worker was sprayed with a chemical that left him fighting for his life.

 
The employee, from Tyne and Wear, was sprayed with seven litres of bromine as he removed cables from a valve connected to pipework at Aesica Pharmaceuticals, on the Windmill Industrial Estate, Northumberland, on 7 February 2012.
 
Newcastle Crown Court heard that in 2007 a bromine bulk storage tank had been taken out of service and prepared for an insurance inspection.
 
This included removing short sections of connecting pipework, which left the rest of the pipework, including some valves, suspended from a set of flexible bellows, which were not designed to be weight-bearing. 
 
The tank failed its insurance inspection and its planned replacement was postponed until 2012. Over the next five years the disconnected pipework at one end was still connected to pipework that was used for filling an adjacent tank with bromine, which left the disconnected pipe contaminated. 
 
When it came to replacing the tank, bolts connected to the bellows had been badly corroded by bromine and the bellows failed, releasing bromine over the worker. 
 
Bromine is classified as potentially fatal if inhaled and can cause severe skin burns. The employee was in hospital for four weeks, and spent 48-hours in a life-threatening condition. He continues to receive treatment for his injuries, and has not yet returned to work.
 
An HSE investigation into the incident found that the bolts on the bellows were badly corroded increasing the likelihood that they would rupture under any stress.  It also identified that a further section of bromine pipework, which could also have become contaminated with bromine, was inadequately supported.
 
On 20 September, Aesica Pharmaceuticals Ltd, Q5, Quorum Business Park, Newcastle, was fined £100,000 and ordered to pay £7,803 after pleading guilty to breaching section 2(1) of the HSWA 1974. 
 
Following the case, HSE inspector Graham Watson, said: “This was a serious incident with potentially fatal consequences which was readily preventable.
 
“All employers and particularly those handling dangerous chemicals must not assume a lack of previous incidents mean risks are adequately controlled. Measures must be in place to ensure, through robust audit and review that this is due to effective management and not just good fortune.
 
“Maintaining the mechanical integrity of process plant and pipework is essential to preventing the loss of hazardous chemicals. Any changes to plant must be carefully assessed to ensure it does not increase the risk of failure. Measures must be in place through an ongoing programme of maintenance and inspection to ensure the continued integrity of the plant according to risk.”
 
SHP was told that the company could have removed the ‘dead’ section of pipework or isolated and drained it, which would have avoided the contamination. They could also have reviewed the pipework to see if it was in a safe condition.
 
Aesica Pharmaceuticals had a good previous safety record, with a commitment to good safety management. They cooperated fully with the investigation, reviewed their measures and arrangements in place and entered an early guilty plea. Their fine was reduced from £150,000 to £100,000 as a result of this. 

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