Health and Safety Executive

Nottinghamshire company fined after employee suffered serious burns

The Health and Safety Executive (HSE) has warned companies to protect employees from dangerous substances after a 59-year-old man was engulfed in flames following a petrol leak.

Phoenix Autoparts 2000 Ltd, of Derby Road, Stapleford, Nottingham, was fined  £2,000 and ordered to pay £2,375 costs, at Nottingham Magistrates' Court today after pleading guilty to breaching Regulation 6 (3) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 for failure to apply measures to control risks from a dangerous substance and Regulation 5 (1) of the same regulations for failing to make suitable and sufficient assessment of the risks to employees arising from the presence of a dangerous substance.

On 25 August 2006, a 59-year-old employee received severe burns when a leak of petrol was ignited. The leak occurred during an operation to transfer petrol from a fuel retriever tank into a vehicle's petrol tank.

The employee saw what was happening and walked through the puddle of petrol that had formed under the retriever unit to stop the leak. As he did so, the petrol was ignited, probably from a stray spark from an oxyacetylene torch being used nearby, and he was engulfed in flames.

The man's trousers were set alight and he suffered severe burns to the backs of his legs and to his hands and arms as he was trying to rip his trousers off.  He ran to a nearby tap to put out the flames. The man was admitted to hospital for five weeks and had to have two skin grafts.  His burns covered 17 per cent of his body and he has not returned to work since.

HSE Inspector for Nottinghamshire Maureen Kingman said:

"This was a traumatic incident for the employee, and the company's management were shocked by what happened. Nevertheless, this incident highlights the need for companies dealing with hazardous substances such as petrol to ensure they control all the risks associated with that substance."

The District Judge commented that the company was negligent in that it had failed to see what was a serious and obvious risk.  When the flammable liquid ignited a long standing employee suffered serious injuries.  He said that the fine would have been higher, but due to financial difficulties the Court had to take into account their ability to pay.

Notes to editors

  1. Regulation 5 (1) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 states: "Where a dangerous substance is or is liable to be present at the workplace, the employer shall make a suitable and sufficient assessment of the risks to his employees which arise from that substance."
  2. Regulation 6 (3) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 states: "Where it is not reasonably practicable to eliminate risk pursuant to paragraphs (1) and (2), the employer shall, so far as is reasonably practicable, apply measures consistent with the risk assessment and appropriate to the nature of the activity or operation (a) to control risks, including the measures specified in paragraph (4); and (b) to mitigate the detrimental effects of a fire or explosion or the other harmful physical effects arising from dangerous substances.

Press enquiries

Regional reporters should call the appropriate regional COI press office.

Issued on behalf of COI East Midlands.


Directgov - Business Link

Updated 27.04.09