Offences and penalties report - John Gilroy

The summary

The Health and Safety Executive investigated an incident on 20 February 2003 in which a 56 year old worker, John Gilroy, received fatal burns while working at a road tanker repair depot in Grantham. The deceased was carrying out the annual cleaning of a bitumen tanker by spraying the vehicle with kerosene and diesel. He was engulfed by fire when the tanker burst into flames.

The personal cost

Michael Gilroy of Moortown, Leeds, recalled the horror of his brother’s death and the fact that more than two years on the family are still only just coming to terms with his loss. “John had worked for the company for more than 30 years in all parts of Britain and Ireland on road construction. He was very experienced in road construction work, a strong, reliable man and appreciated the need for safe work methods”. On the morning of the accident John was involved in work that he had not done before and which was simply not his job. He had been instructed to clean down the bitumen spray tankers using a flammable kerosene spray. This was something employees regularly undertook, although none of them appeared to have been given any formal training for this particular job. As far as his family are concerned he was caught up that day in something that he should never have been doing. John was using the spray to hose down the vehicle and was standing on a work platform. Suddenly a fierce fire broke out and he engulfed by the flames and badly burned on his legs and the lower half of his back. He was wearing basic work protective equipment but nothing that would have protected him against fire. John was taken to Grantham Hospital, and later transferred to Selly Oak hospital, Birmingham, where he was treated for 60 per cent burns to his body.”

“John was unconscious and heavily sedated when he arrived at Selly Oak, but had managed to tell the staff at Grantham Hospital that he thought there had been a blow torch in the vicinity of the tanker which could have started the fire. I never got the chance to speak to him properly again because of the severity of his injuries. He lived on for 12 days and we hoped at first that he might pull through because he was such a strong man. All the family came and waited at the hospital during those days. Then there was the long wait for the court case, which was unbearable. Even then it was not made completely clear what had happened on that morning. But it was obvious that sufficient care had not been taken regarding my brother’s safety. We were very close and my wife and I saw John every week. He was well liked; anywhere John went he had presence. I would not want this kind of thing to happen to any family. We are still missing him.”

The penalty

The company was prosecuted under section 2 of the Health and Safety at Work etc. Act 1974 and regulation 3 of the Management of Health and Safety at Work Regulations 1999. In the Crown Court, the company was fined £75,000 and order to pay costs of £22,000.