Two companies have been fined for failing to protect workers following two separate incidents at a lead smelting works in Derbyshire.
North East Derbyshire and Dales Magistrates’ Court heard that both incidents took place at HJ Enthoven Ltd’s facility in South Darley, near Matlock. The first happened on 19 August 2009, when an employee suffered severe burns following an explosion at the site.
A 43-year-old worker, who wishes to remain anonymous, was using a forklift truck to move pans containing molten slag from a furnace to a cooling area. The forks of the truck are meant to pass through sleeves on the underside of the pans, so they can be transported securely. But on the day of the incident the forks were not aligned properly and, hence, weren’t inside the sleeves.
When the vehicle reversed the pans fell off the truck, spilling slag on to the ground where it ran into a drain. The molten liquid exploded when it came into contact with drain water, sending a number of heavy drain covers several metres into the air. The worker tried to escape by jumping out of the forklift, but he fell into the slag. He suffered severe burns to his face, arms, chest, back and left foot, and needed months of treatment. He has since returned to work at the company.
HSE inspector Edward Walker, who investigated the incident, said: “Water and molten metal explosions are a well-known hazard in the smelting industry. While the company had considered the possibility of small spillages, it had not thought about what would happen in the event of a large-scale spill. Measures should have been in place to prevent the molten metal from entering the drain. As a result, a man suffered serious injuries.”
The second incident took place at the same site on 7 May 2010, when an employee of Key Engineering (Chesterfield) Ltd was investigating a fault on an overhead travelling crane. The 27-year-old, who has also asked not to be named, was stood on a gantry on top of the crane, where he was carrying out tests.
As the crane ran along the tracks, he rested his right arm on top of the control panel. But it became trapped when, as the crane neared the end of the bay, the clearance between the control panel and a roof beam narrowed to a few millimetres. He suffered serious crush injuries to his arm, as well as tendon damage. As a result, he required multiple skin grafts and needed four metal plates inserted in his arm.
The HSE’s investigation found that HJ Enthoven Ltd gave Key Engineering no warning that the beam narrowed and failed to ensure the contractor had a safe method of work. Inspectors also identified that Key Engineering had not carried out a risk assessment prior to the work.
Inspector Walker said: “Riding on a crane gantry should be closely controlled and only permitted if there is no other reasonably practicable option. No risk assessment was carried out by either company and there was no safe system of work for riding on a gantry crane. HJ Enthoven should have made sure it knew what its contractor, Key Engineering, was doing on its site, and how they were doing it.”
HJ Enthoven appeared in court on 4 April and pleased guilty to breaching s2(1) of the HSWA 1974 in relation to the explosion, and s3(1) of the same Act regarding the second incident. It was fined £15,000 in total and ordered to pay £8256 in costs.
In mitigation, the firm said it has now welded covers over the top of drains at the site. In relation to the crane incident, the company has improved its monitoring of contractors and now ensures they view risk assessments before contractors start work.
Key Engineering also appeared at the hearing and pleaded guilty to breaching s2(1) of the HSWA 1974. It was fined £5000, plus £2305 in costs.
The contractor mitigated that HJ Enthoven should have provided it with information about the beam narrowing, and confirmed that it finished the work safely after carrying out a risk assessment. It entered an early guilty plea and told the court it had no previous safety convictions.
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