It is clear that too many businesses fail to understand that they have operations to which DSEAR applies; often they fail to associate flammables with the potential for an uncontrolled explosion risk. As a colleague discussed with a client only last week, when you release flammable vapours they will significantly increase in volume and can often spread out away from the point of release particularly where localised ventilation is not available. If the vapour, gas or dust then meets a source of ignition then a serious incident will result.
This was the case for CLB Refridgeration Ltd, which cleans and refurbishes industrial-size refridgeration containers, who have been prosecuted by the HSE. The business was fined at Southwark Crown Court for neglecting chemical safety after a fire involving a brazier and a drum of thinners led to safety breaches being uncovered at its Rainham site.
The court heard that a 25-litre drum of paint thinners was involved in an incident in October 2012 where a fireball erupted in a brazier at the company’s site in Ferry Lane.
HSE told the court that CLB Refrigeration Ltd failed in its duties to assess and control the use of paint thinners – the company was apparently not aware of how workers were using the dangerous substance and were also unaware that a brazier was being used to burn rubbish.
The investigation identified that thinners was being used to clean marks off the containers that were being refurbished and that when the skips were full the employees would sometimes burn material they had removed from the refrigeration containers in the brazier.
HSE found that the company had not properly assessed the risks involved in using and storing paint thinners, and had fallen far below the standard of controlling the risks. This is quite a common failing in our experience as is the failure to properly train employees to understand the risks of the substances they are working with. As this business found put these two failures together and then regret it when you end up in court.
CLB Refrigeration Ltd of Grays, Essex, pleaded guilty to two breaches of the Dangerous Substances and Explosive Atmospheres Regulations 2002 and was fined a total of £22,500 and ordered to pay £9243 in costs.
As the HSE commented a proper risk assessment was key to making sure that suitable, effective control measures were in place and the brazier was removed from site.
