Press Release issued by COI Communications Scotland on behalf of HSE - 18 January 2002

COURT CASE AGAINST BP GRANGEMOUTH COMPLEX - HEALTH AND SAFETY EXECUTIVE STATEMENT

BP were today (Friday 18 January 2002) fined a total of £1m at Falkirk Sheriff Court, following two incidents at their Grangemouth refinery in June 2000. The charges were: failing to ensure the safety of non-employees (members of the public), so far as was reasonably practical, following a steam rupture; and, failing to ensure the safety of employees, so far as was reasonably practical, following a fire in a catalytical converter.

At the conclusion of the court case, Alistair McNab, Principal Inspector with the Health and Safety Executive (HSE), who led the investigation into the incidents said:

"The court has confirmed, by the high fine imposed today, that BP must employ the highest standards of management of safety, health and environment to prevent major incidents. Only good fortune avoided fatalities and serious injuries."

"In addition to today's fine, the cost to BP of these incidents has been substantial - in monetary terms lost production, cleanup costs and rebuild costs - not to mention the effect on the company's reputation in the local community and beyond."

"Employers are legally required to properly manage safety, health and environment. This also makes good business sense, is cost effective and demonstrates corporate social responsibility."

"There are lessons for other company directors to be learned from these incidents. HSE will be drawing these to the attention of industry generally, through our contacts with industry trade associations such as the Chemicals Industries Association. HSE will soon be publishing a report of the incidents on the internet."

"I must acknowledge the co-operation we have received from BP from the outset of our investigations, and the commitment the company has given to deliver major improvements in safety performance. BP accepted from the outset that they had not met the high standards they had set themselves. They have accepted our recommendations in full. The separate investigations by BP and ourselves came to very similar conclusions."

"HSE has been carefully monitoring the actions BP has taken since these incidents and I can confirm that substantial progress has been made, including improved plant reliability and pipe work and steam maintenance."

"We will continue to inspect and verify progress and hold BP to its action plan to improve safety performance and culture over the next five years,. If we detect any deterioration or slippage we have the necessary legal powers and we will not hesitate to use them again. We will continue to inspect and verify progress over the next five years. In addition we are closely following progress on the restructuring of the complex, to ensure that any changes proposed by BP will not compromise safety."

NOTES TO NEWS EDITORS

1. BP Grangemouth complex is the largest concentration of major hazard chemical companies in Scotland.
2. BP Grangemouth Oil Refinery Ltd was charged with an offence under the Health and Safety At Work Act 1974, Section 2, for failing to ensure the safety of employees so far as was reasonably practicable, following a fire in a catalytic converter on 10 June 2000.
3. BP Chemicals Ltd was charged with an offence under the Health and Safety at Work Act 1974, Section 3, for failing to ensure the safety of non-employees (members of the public), so far as was reasonably practicable, following a steam rupture on 7 June 2000.
4. HSE and SEPA started their investigations immediately after each incident. HSE then established a major incident investigation (per HSE policy) to look at the underlying causes for both incidents. This investigation, which also included a third incident involving a power failure on 29 May, continued until February 2001; and involved up to 20 inspectors. A report recommending legal proceedings was sent to the Procurator Fiscal, and our recommendations were made to BP. The company accepted our recommendations which aligned with the findings of their separate investigation team.
5. Indictment proceedings were initiated by the Procurator Fiscal at Falkirk. These proceedings provide for unlimited fines for offences.
6. The Procurator Fiscal referred the court to previous convictions against BP. Details of HSE enforcement action can be found on the HSE website on enforcement notices and prosecutions
   

   ISSUED BY COI COMMUNICATIONS SCOTLAND: 0131 244 9060 / 1

PUBLIC ENQUIRIES:

Call HSE's InfoLine, tel: 0845 345 0055
or write to: HSE Information Services, Caerphilly Park, Caerphilly CF83 3GG.

Published on the HSE web site on 30 August 2002

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