Road company ordered to pay £97,000 after worker burned to death

HSE press release E072:05 - 24 May 2005

A road contractor was fined £75,000 and ordered to pay £22,000 costs by Lincoln Crown Court yesterday (Monday) after a worker was burned to death while cleaning a tanker.

Colas Ltd, of Wallage Lane, Rowfant, Crawley, West Sussex admitted breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974 by failing to ensure the safety of employees John Gilroy and Phillip Kelly whilst they were cleaning a bitumen tanker at the company's Grantham depot on 20 February 2003.

Mr Kilroy was cleaning the bitumen spraying bar at the back of the tanker with a mixture of kerosene, gas oil, and diesel, which ignited. He received 60% burns and was taken to Grantham Hospital before being moved to Selly Oak Hospital, where he died on 4 March 2003.

Mr Kelly, who was working with Mr Kilroy, received superficial burns to his face and head.

The HSE investigation concluded that the fire was caused by the ignition of a flammable mist of kerosene and gas oil, probably by static electricity.

HSE inspector Jon Anslow, who investigated the incident, said: "This was a tragic and avoidable incident. The company failed to control even simple sources of ignition, such as smoking or hot working. Importantly, if a liquid was used rather than a spray, no flammable mist would have been created, and this could have prevented the incident.

"This case emphasises the importance for employers to assess and plan work with dangerous substances. Sensible health and safety is about managing risks. This need not be costly, it's just a matter of thinking jobs through and anticipating hazards.

"Employers must also make sure employees are properly trained and have the proper equipment to deal with danger."

Notes to editors

1. Section 2(1) of the Health and Safety at Work etc Act 1974 states that "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. The maximum sentence from the Crown Court is an unlimited fine.

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