Company fined £150,000 over major Preston chemical fire

Date:

9 December 2009

Release No:

HSE/NW/001Veolia/09

An international waste management company has been fined £150,000 for health and safety breaches following a major chemical fire in Preston which closed two motorways.

Sections of the M6 and M55 were shut for several hours during the morning commute on 2 July 2007 while 66 firefighters tackled the blaze at the Red Scar Industrial Estate on Longridge Road in Preston.

The Veolia ES Cleanaway (UK) site after the incident

The Health and Safety Executive (HSE) prosecuted Veolia ES Cleanaway (UK) Ltd after carrying out a joint 15-month investigation with the Environment Agency and Lancashire Fire and Rescue Service.

Veolia, which has its headquarters on Pentonville Road in North London, pleaded guilty to two offences at Preston Crown Court on 9 December. As well as the fine, the company was ordered to pay costs of £90,000.

The court heard that the fire started just after 6am in an open area of the site, which is used to store drums of chemicals. Firefighters reported seeing drums rocketing into the air and off the site after setting alight.

Emergency services closed the industrial estate and sections of the M6 and M55 while they tackled the blaze, due to fears that smoke and fumes would travel if the wind changed direction.

The fire was extinguished by mid-afternoon after more than 132,000 litres of chemicals were set alight. HSE inspectors believe it was caused by lithium batteries igniting nearby waste materials.

Linda Murray, HSE Principal Inspector for Lancashire, said:

"Our investigation showed that Veolia didn't do enough to make sure that the dangerous chemicals on its site in Preston were stored safely. The company also failed to provide adequate training for its staff.

"Any businesses that have flammable substances on their premises need to take appropriate measures to minimise the risk of fires or explosions. Veolia clearly could and should have done more.

"The fire at the waste site put lives in danger and caused gridlock on local roads. I hope this case will make businesses think seriously about what they need to do to prevent fires in the future."

Lancashire Fire and Rescue Service issued three Enforcement Notices following the incident covering breaches of fire prevention regulations. HSE also issued an Improvement Notice requiring the revision and rewriting of site operating procedures.

Peter Holland, Lancashire Fire and Rescue Service's Chief Fire Officer, said:

"Our firefighters worked courageously in extremely hazardous conditions, wearing chemical protection suits to tackle the fire at close quarters when necessary. Thanks to their efforts the fire was prevented from spreading beyond the site perimeter.

"This prosecution is the culmination of a comprehensive and detailed investigation, with the primary objective being to identify any possible measures that must be implemented to prevent a reoccurrence of such an incident.

"I trust that this case will emphasise to other businesses in Lancashire the importance of carrying out a fire risk assessment and acting on the findings. There should be no doubt that the law requires this action, and we will vigorously pursue our enforcement responsibilities where failings are identified."

Kevin Lodge, Investigation Officer at the Environment Agency, said:

"This was a serious incident which had the potential to cause long-term environmental damage, as well as posing a risk to staff and members of the public. Any businesses handling hazardous waste must ensure that they have suitable procedures in place to identify, store and transport this type of waste.

"Adherence to these procedures and the permit conditions laid down by the Environment Agency help to ensure the risks of adverse reactions, and potential land, air and water contamination, are minimised."

Veolia was charged with breaching Regulations 6(3) and 9(1) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 by failing to take appropriate measures to control the storage of dangerous substances, and by failing to provide suitable and sufficient information, instruction and training for its employees.

HSE is warning businesses to be aware of chemicals and substances in workplaces that might be fire hazards. These include petrol and paint thinners as well as less obvious materials like packaging and sawdust.

Information on how to work safely with flammable substances is available in the 'Fire and explosion' section of HSE's website at www.hse.gov.uk/fireandexplosion.

Notes to editors

1. Regulations 6(3) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 states: "Where it is not reasonably practicable to eliminate risk...the employer shall, so far as is reasonably practicable, apply measures, consistent with the risk assessment and appropriate to the nature of the activity or operation to control risks...and to mitigate the detrimental effects of a fire or explosion or the other harmful physical effects arising from dangerous substances"
2. Regulations 9(1) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 states: "Where a dangerous substance is present at the workplace, the employer shall provide his employees with suitable and sufficient information, instruction and training on the appropriate precautions and actions to be taken by the employee in order to safeguard himself and other employees at the workplace"

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