Recycling firm fined for flammable material used in arson attack

Date:

26 March 2010

Release No:

YH/129/10

A York hazardous waste recycling company was today fined £40,000 for failing to safeguard flammable liquid that was used in an arson attack on the business.

BCB Environmental Management Limited, based at Marston Business Park, Rudgate in Tockwith, pleaded guilty to breaching regulations 6 and 7 of the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) after illegally processing drums of volatile chemicals close to unprotected electrical equipment and forklift trucks.

The breaches came to light during a joint investigation by the Health and Safety Executive (HSE) and North Yorkshire Police following an arson attack by a former employee in October 2008. The arsonist, who was later convicted for his crime, had ready access to the drums, which he ignited to start a blaze.

After the hearing HSE Inspector Stephen Britton commented:

"BCB Environmental Management Ltd processed drums containing flammable liquid close to unprotected electrical equipment, creating a real risk that they could have gone up at any time.

"As a hazardous waste specialist BCB should have been well aware of the relevant legislation and should never have handled flammable material in this way.

"Today's prosecution offers food for thought, not just for the management at BCB, but for all involved in the recycling industry working with similar equipment and materials; they must adhere to the relevant legislation at all times to protect lives."

HSE inspectors also found a dangerous drum crushing machine in use at BCB, which contravened the Provision and Use of Work Equipment Regulations 1998.

Harrogate Magistrates Court heard that a vital safety guard was missing from the machine, which exposed operators to dangerous internal mechanics, including a hydraulic ram capable of applying two tones worth of pressure.

Furthermore, employees would have struggled to stop the crusher should an accident have occurred because the safety stop switch was covered in grime and was almost unrecognisable.

BCB Environmental Ltd pleaded guilty to breaching regulation 11 of the Provision and Use of Work Equipment Regulations 1998 for this failing.

The company was ordered to pay £6,110 in costs for the three breaches in total.

Stephen Britton added:

"The removal of a safety guard on the drum crushing machine is unbelievable. The guard is there for one reason and one reason only, to protect workers. The consequences of exposing human limbs to a two tonne hydraulic crusher would be horrific."

Notes to editors

1. Regulation 6 of the Dangerous Substances and Explosive Atmosphere Regulations 2002 states: "Every employer shall ensure that risk is either eliminated or reduced so far as is reasonably practicable."
2. Regulation 7 of the Dangerous Substances and Explosive Atmosphere Regulations 2002 states: "Every employer shall classify places at the workplace where an explosive atmosphere may occur into hazardous or non-hazardous places..."
3. Regulation 11 of the Provision and Use of Work Regulations 1998 states: "Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective -(a) to prevent access to any dangerous part of machinery or to any rotating stock-bar; or (b) to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone."
4. Further information on health and safety can be found online at www.hse.gov.uk

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of HSE by COI News & PR Yorkshire and the Humber