HSE issues warning on safe use of petrol after sentencing

HSE Press Release: E020:05 - 11 March 2005 (updated 8 November 2005)

The Health and Safety Executive (HSE) and Sussex Police wish to warn motor vehicle repair garages about the importance of having a safe system in place for handling and storing petrol. The warning follows today's conclusion of proceedings brought against the owner of a Sussex garage.

At an earlier hearing, Howard Hawkins, the owner, was found guilty of breaching section 2(1) of the Health and Safety at Work etc Act 1974 (HSWA). He was sentenced today at Lewes Crown Court receiving a fine of £10,000 with costs of £15,000.

The prosecution followed the death of an apprentice mechanic, Lewis Murphy (18), who died four days after becoming engulfed in flames in an explosion at the Anchor garage, Peacehaven, Sussex on 19 February 2004.

Passing sentence, Judge Richard Hayward, said of Howard Hawkins: "To say that you were complacent about health and safety is an understatement. You regard health and safety as a tiresome intrusion into your business and a matter of common sense that you could leave to the experience of your mechanics. Being a dinosaur can sometimes be endearing but not on health and safety matters."

HSE Inspector Joanna Teasdale said: "In this case the garage employer apparently had little understanding of how highly flammable petrol is. Minimal attempts had been made to overcome the hazards associated with its handling. The joint investigation with Sussex Police found that no formal procedures were in place for transferring and storing highly flammable liquids or draining fuel from cars. Howard Hawkins had also failed to register his garage with HSE.

"HSE issues simple guidance for petrol handling and storage in garages and we are always happy to advise on these matters. Most of the hazards of fuel removal can be mitigated by the use of a proprietary fuel retriever; providing a suitable container; eliminating static electricity; and capturing any petrol vapour displaced. This case is particularly distressing as Mr Murphy was learning the trade and so was heavily reliant on the duty of care owed to him by his employer. This was sadly absent."

Michael and Elizabeth Murphy said: "The tragic death of our youngest son Lewis has been both traumatic and painful for us. It is the most painful news any parent can go through, that one of their children has been killed. We would like to get this message across to all those parties involved with placing young school leavers in a working environment - that they ensure that the companies they send these young people to are registered with the HSE and that they are receiving proper health and safety training at the workplace. It is not enough to assume that the other party is carrying it out."

Notes to editors

1. Section 2(1) of HSWA states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

2. 'Health and Safety in Motor Vehicle Repair' (HSG67) (£5.50) provides practical advice on how to organise health and safety in garages and explains which laws apply to motor vehicle repair and how to comply with them. HSE free leaflet/poster 'Safe Use of Petrol in Garages' . - (INDG331) represents best practice and gives general guidance on petrol and fuel retrieval. Both are available from HSE Books, and the free leaflet can be downloaded from the HSE website

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