Joint statement from the Health and Safety Executive and the Environment Agency regarding jury verdicts in the Buncefield trial

Date:

18 June 2010

A jury at St Albans' Crown Court today found TAV Engineering Ltd guilty of failing to protect workers and members of the public following an investigation into the explosion and fire at Buncefield Oil Storage Depot on 11 December 2005.

Motherwell Control Systems 2003 Ltd was found guilty earlier this week of the same charge.

Earlier this week Hertfordshire Oil Storage Limited was found guilty of failing to prevent major accidents and limit their effects. Today they also pleaded guilty to causing pollution to enter controlled waters underlying the vicinity around Buncefield.

The Health and Safety Executive (HSE) and Environment Agency are the 'Competent Authority' responsible for regulating non-nuclear major hazardous industrial sites in England and Wales under the Control of Major Accident Hazard Regulations 1999 (COMAH).

As the competent authority, the Health and Safety Executive and Environment Agency have a responsibility to investigate major incidents and ensure that lessons are learned.

The Health & Safety Executive and the Environment Agency said:

"This was the biggest and most complex criminal inquiry we have worked on together - the product of many hundreds of hours of painstaking forensic investigation.

"When companies put workers and members of the public at risk and cause environmental damage we will prosecute.

"When the largest fire in peacetime Europe tore through the Buncefield site on that Sunday morning in December 2005, these companies had failed to protect workers, members of the public and the environment.

"The scale of the explosion and fire at Buncefield was immense and it was miraculous that nobody died. Unless the high hazard industries truly learn the lessons, then we may not be that fortunate in future."

Notes to editors

1. The reporting restrictions on Hertfordshire Oil Storage Limited have been lifted.
2. Sentencing is planned to take place on 16 July 2010 at St Albans Crown Court. Interviews will be available at this point.
3. On Sunday 11 December 2005, a number of explosions occurred at Buncefield Oil Storage Depot, Hemel Hempstead, Hertfordshire.
4. At least one of the initial explosions was of massive proportions and there was a large fire. More than 40 people were injured.
5. Two companies have already pleaded guilty to charges over the incident:
6. Total UK Ltd, of 40 Clarendon Road, Watford, Hertfordshire, has pleaded guilty to three charges. British Pipeline Agency Ltd, of 5-7 Alexandra Road, Hemel Hempstead, Hertfordshire, has pleaded guilty to two charges.
7. To download audio and visual evidence heard during the trial visit http://www.hse.gov.uk/news/buncefield/index.htm
8. A full list of charges is below:
   1. Total UK Ltd, of 40 Clarendon Road, Watford, Hertfordshire, pleaded guilty to three charges on 13 November 2009:
      • Between the 1st day of January 2003 and the 12th day of December 2005 Total UK Ltd failed to ensure, so far as is reasonably practicable, the health, safety and welfare at work of its employees, contrary to Section 2(1) and 33(1)(a) of the Health and Safety at Work etc Act 1974.
      • Between the 1st day of January 2003 and 12th day of December 2005, Total UK Ltd failed to ensure, so far as is reasonably practicable, that persons not in their employment were not exposed to risks to their health or safety, contrary to Sections 3(1) and 33(1)(a) of the Health and Safety at Work etc Act 1974.
      • Between the 10th day of December 2005 and the 31st day of December 2005, Total UK Ltd caused polluting matter, namely fuel and firewater chemicals to enter controlled waters, namely ground waters in the chalk aquifer underlying the vicinity of Buncefield, contrary to s.85(1) and (6) of the Water Resources Act 1991.
   2. Hertfordshire Oil Storage Ltd, of 40 Clarendon Road, Watford, Hertfordshire, faced two charges:
      • Found guilty - Between the 1st day of January 2003 and the 12th day of December 2005, Hertfordshire Oil Storage Ltd failed to take all measures necessary to prevent major accidents and limit their consequences to persons and the environment, contrary to Regulation 4 of the Control of Major Accident Hazards Regulations 1999 and section 33(1)(c) of the Health and Safety at Work etc Act 1974.
      • Pleaded guilty - Between the 10th day of December 2005 and the 31st day of December 2005, Hertfordshire Oil Storage Ltd caused polluting matter, namely fuel and firewater chemicals to enter controlled waters, namely ground waters in the chalk aquifer underlying the vicinity of Buncefield, contrary to s.85(1) and (6) of the Water Resources Act 1991.
   3. British Pipeline Agency Ltd, of 5-7 Alexandra Road, Hemel Hempstead, Hertfordshire, pleaded guilty to two charges on 13 January 2009:
      • Between the 18th day of November 2001 and the 12th day of December 2005, British Pipeline Agency Ltd failed to take all measures necessary to prevent major accidents and limit their consequences to persons and the environment, contrary to Regulation 4 of the Control of Major Accident Hazards Regulations 1999 and section 33(1)(c) of the Health and Safety at Work etc Act 1974.
      • Between the 10th day of December 2005 and the 31st day of December 2005, British Pipeline Agency Ltd caused polluting matter, namely fuel and firewater chemicals to enter controlled waters, namely ground waters in the chalk aquifer underlying the vicinity of Buncefield, contrary to s.85(1) and (6) of the Water Resources Act 1991.
   4. TAV Engineering Ltd, of The Oriel, Sydenham Road, Guildford, Surrey, faced one charge:
      • Found guilty - Between the 1st day of October 2003 and the 12th day of December 2005, TAV Engineering Limited failed to ensure, so far as is reasonably practicable, that persons not in their employment were not exposed to risks to their health or safety, contrary to Sections 3(1) and 33(1)(a) of the Health and Safety at Work etc Act 1974.
   5. Motherwell Control Systems 2003 Ltd, c/o Rooney Associates 2nd Floor, 19 Castle Street, Liverpool, is faced one charge, (please note - a not guilty plea was entered by the judge on the company's behalf as it is in liquidation):
      • Found guilty - Between the 28th day of September 2003 and the 12th day of December 2005 Motherwell Control Systems 2003 Limited failed to ensure, so far as is reasonably practicable, that persons not in their employment were not exposed to risks to their health or safety, contrary to Sections 3(1) and 33(1)(a) of the Health and Safety at Work etc Act 1974.

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