Warning on handling hazardous materials after HSE prosecution

Date:

1 September

Release No:

COI/W/HSE 485

The Health and Safety Executive (HSE) has today told companies, particularly those in the major hazard sector, that they must ensure their workforce follows approved company safety procedures.

The warning comes after BAE Systems Land Systems (Munitions and Ordnance) Ltd was ordered to pay £50,000 in fines and costs of £15,000 at Cardiff Crown Court after a worker was severely burned at its site in Glascoed, Monmouthshire.

The company was also ordered to pay £5,000 in compensation to the 21 year old agency worker Mr Ryan White, who was engaged in the process of destroying pyrotechnic composition in August 2004 when it ignited, resulting in severe burns to his face, neck and both arms.

HSE’s investigation found that the disposal procedures being used at the time of the incident did not comply with BAE’s own approved control procedures, and that management and supervision of the procedure was inadequate. It was also found that the accreditation process of ensuring operatives followed disposal procedures whilst destroying this material also failed to follow company policy, and the composition did not comply with the company approved specification.

Investigating HSE Inspector, David Norman, said: "This was a clear case of a company having written policies and procedures in place but clearly failing to ensure that they were implemented correctly by failing to manage and supervise the system of pyrotechnic composition disposal.

"The materials involved here were classed as very sensitive and required controlled measures to be implemented during disposal. The risk assessment conducted by the company had identified that the composition should have been desensitised prior to
burning and that the maximum quantity to be burnt at any one time was limited. The investigation found that the composition was burnt dry in a quantity far greater than that allowed by the procedure. Training consisted of shadowing a senior operative and reading of the procedures, however no one in the management chain ensured that this company policy was followed.

"Overall, the preventive measures taken by the company to ensure the safe disposal of pyrotechnic composition were ineffective; this lead to poor communication and misunderstanding within the disposal area even though the risk assessment appeared to be robust on paper.”

Notes to editors

The company faced two charges:

• That you, on 12th of August 2004 being an employer within the meaning of the Health & Safety at Work etc. Act 1974 did contravene Section 2(1) of the said Act in that they failed to provide a safe system of work for their employees, when it was reasonably practicable to do so without risks to their health, safety and welfare by failing in particular to adopt a safe system of work that would prevent the unintentional ignition of a pyrotechnic composition; whereby BAe Systems Land Systems (Munition & Ordnance) Ltd is guilty of an offence as provided by Section 33(1)(a) of the Health & Safety at Work etc. Act 1974 and is liable to a penalty as provided by Section 33(1A) of that Act as Amended

and:

• Being an employer within the meaning of the Health & Safety at Work etc. Act 1974 did contravene Section 3(1) of the said Act in that they failed to provide a safe system of work for persons not in their employment, including Ryan White when it was reasonably practicable to do so without risks to their health, safety and welfare by failing in particular to adopt a safe system of work that would prevent the unintentional ignition of a pyrotechnic composition; whereby they are guilty of an offence under section 33(1)(a) and liable to a penalty under section 33(1A) of the said Act
  • Section 2(1) Health and Safety at Work etc Act 1974 which 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.”
  • Section 3(1) Health and Safety at Work etc Act 1974 which states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.”

Public enquiries:

Call HSE's InfoLine, Tel: 08701 545500
or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.

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or email wales@COI.gsi.gov.uk

Issued on behalf of the Health and Safety Executive by COI News and PR Wales