Chemical firm in court over major incident in Cheshire

Date:

14 October 2011

Release No:

HSE/NW/43Thor

A chemical manufacturer has appeared in court following a major incident at its factory in Cheshire which put workers' lives in danger.

Thor Specialities (UK) Ltd was prosecuted by the Health and Safety Executive (HSE) after a chemical reaction got out of control at its plant on Wincham Avenue in Wincham, Northwich, releasing toxic and flammable substances into the production area.

Chester Crown Court heard the consequences of the incident on 23 August 2007 could have been fatal.

The court was told an employee at the factory had been adding a solid chemical into a vessel containing a liquid chemical. He wrongly assumed he could increase the rate at which the chemical was added when they initially failed to react. The chemicals then reacted rapidly, leading to an uncontrolled 'runaway reaction'.

None of the workers were in the production hall when the alarms - set off by the incident - began to ring, but one of them returned to investigate. He was driven back by the fumes and fled from the building.

The HSE investigation concluded the company had failed to adequately assess the risks of the chemical reaction and ensure that suitable control measures were in place.

It also found the employee had not received adequate training, instruction and supervision on the operating procedures, and did not appreciate the danger of increasing the quantity of the chemical.

Thor Specialities (UK) Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by putting workers at risk. The company, which produces chemical products for the newspaper, cosmetics, and construction industries, was fined £25,000 and ordered to pay prosecution costs of £15,000 on 14 October 2011.

Speaking after the hearing, the investigating inspector at HSE, David Hair, said:

"It is only luck that none of Thor's staff were in the production hall at the time of the incident as it's unlikely they would have been able to escape unharmed without help.

"They would have been at serious risk from toxic chemical exposure, or a flash fire or explosion, if the flammable vapours released had ignited. They could easily have suffered permanent injuries or even been killed.

"Chemical factories must make sure safety is their top priority. Unfortunately, on this occasion, Thor failed to ensure its safety procedures remained at the highest of standards."

Thor Specialities operates as a Top Tier site under the Control of Major Accident Hazard Regulations. It therefore has a legal duty to prevent major accidents and limit the effects of any incidents on people and the environment.

More information on working safely with chemicals is available at www.hse.gov.uk/chemicals.

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. The Environment Agency (EA) in England and Wales, Scottish Environment Protection Agency (SEPA) in Scotland, and the Health and Safety Executive (HSE) are jointly responsible (as the Competent Authority) for regulating major hazardous industrial sites in the UK under the Control of Major Accident Hazard Regulations 1999 (COMAH). COMAH requires operators of major hazard sites subject to the Regulations to take all measures necessary to prevent major accidents and limit their consequences to persons and the environment. Operators of top tier COMAH sites are also required to submit written safety reports to the Competent Authority; and to prepare emergency plans to deal with the consequences of a major accident. Operators and others (including contractors, designers and suppliers) also have relevant duties under the Health and Safety at Work etc Act 1974 and under other environmental legislation to protect land, air and water, including the Water Resources Act 1991.
3. Under the Control of Major Accident Hazard Regulations 1999, hazard sites are classified as industrial sites that manufacture, process or store dangerous chemicals and substances in quantities that could pose a risk to workers, people in the vicinity of the site, and the environment in the event of a major accident. These 'major accidents' include fires, explosions or incidents in which dangerous substances are released. The regulations also state operators of sites with dangerous substances above specified quantities have to take all necessary measures to:
   • prevent major accidents; and
   • in the event of such accidents, limit the effects on people and the environment.
   For certain sites, with particularly high quantities of dangerous substances, operators must also describe their control measures to prevent major accidents in a 'safety report'. More information is available at www.hse.gov.uk/comah/index.htm
4. Section 2(1) of the Health and Safety at Work etc Act 1974 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."

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