Company fined after gas cylinder explosion kills worker

Date:

17 June 2011

Release No:

COISE/1706

An Edgware gas company has been fined after an explosion killed a worker and severely injured a member of the public.

The Health and Safety Executive (HSE) prosecuted Oak Farm Gas Company Ltd, (trading as Mr Fizz), after the incident at a site in New Denham, Buckinghamshire.

The gas firm specialises in the supply of high-pressure carbon dioxide, nitrogen and gas mixtures for licensed trade drink dispensers.

Uxbridge Magistrates' Court heard that Kerry Daly, 21, of Uxbridge in Hillingdon, was employed at Mr Fizz solely to fill empty gas cylinders with various types of pure and mixed gas. The high-pressure cylinders were normally brought to the workshop from customers' premises.

On the 19 June 2009, Maurice Kelly, a 45 year-old driver from Ealing brought a gas cylinder to Mr Daly from a pub in East London. As the valve fittings on the cylinder did not match those on the high pressure filling station, Mr Daly, who was working alone in the workshop, phoned a colleague to ask his advice.

Though Mr Daly was advised not to fill the cylinder he still attempted to do so and the cylinder exploded. Mr Daly was severely injured and died later that evening from his injuries. Mr Kelly had his leg amputated below the knee and suffered injuries resulting in him losing some function in both hands.

The HSE investigation showed the equipment at Mr Fizz's workshop was totally unsuitable for filling a low pressure gas cylinder. Mr Daly's training consisted solely of verbal instruction and there was no documentation of this, nor any written risk assessments.

HSE's Inspector Will Pascoe said:

"This incident was completely preventable. If sufficient training and instruction had been given then Kerry Daly's death would not have happened and Maurice Kelly would not have suffered life-changing injuries.

"Anyone who examines, refurbishes, fills or uses a gas cylinder should be suitably trained and have the necessary skills to carry out their job safely. Employees should understand the risks associated with the energy stored in high pressure gas cylinders and this incident should serve as a reminder of the dangers that this may pose."

Oak Farm Gas Company Ltd, trading as Mr Fizz, of Trinominis House, 125 -129 High Street, Edgware, Harrow pleaded guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974 and regulations 4(3) and 8(1) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £90,000 and ordered to pay costs of £50,000.

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. Section 3(1) of the Health and Safety at Work etc Act 1974 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."
3. Regulation 8(1) of the Provision and Use of Work Equipment Regulations 1998 states: "Every employer shall ensure that all persons who use work equipment have available to them adequate health and safety information and, where appropriate, written instructions pertaining to the use of the work equipment."
4. Regulation 4(3) of the Provision and Use of Work Equipment Regulations 1998 states: "Every employer shall ensure that work equipment is used only for operations for which, and under conditions for which, it is suitable."

Press enquiries

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

Issued on behalf of HSE by COI News & PR South East