Welsh chemical firm fined over dangerous substances

Date:

27 July 2012

A Deeside based chemical company has been prosecuted by the Health and Safety Executive (HSE) for failing to comply with three Improvement Notices.

Euticals Ltd (formerly Archimica Ltd), which manufactures and distributes speciality chemical products in Sandycroft, Deeside, was visited repeatedly between March 2008 and October 2010. They continually failed to demonstrate they had an understanding of how to take the measures necessary to prevent major incidents and limit their consequences to employees and the wider environment.

Mold Crown Court heard that adequate measures had not been taken to eliminate or reduce the risks arising from dangerous substances in case of fires or explosions. The company was also found not to have committed the necessary resources to ensure compliance with the required standards, despite visits and advice from HSE inspectors.

After the hearing HSE inspector Mark Burton said:

"Archimica Limited had plenty of opportunity to comply with the Improvement Notices after repeated visits from HSE and they still chose not to. They deal with dangerous chemicals every day and have a legal responsibility to make sure that how they do that is safe.

"That responsibility extends not only to their employees but to the site's neighbours and any visitors, as well as the environment. There's the possibility for a major incident when manufacturing and distributing this kind of product and failing to plan for it could have devastating consequences."

Euticals Limited of Prince William Avenue, Sandycroft, Deeside, pleaded guilty at an earlier hearing to failing to comply with three Improvement Notices under Section 33 (1) (g) of the Health and Safety at Work etc Act 1974 and were fined £100,000 and ordered to pay £8,344 in costs today.

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 33 (1) (g) of the Health and Safety at Work etc Act 1974 states: "It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal)"
3. Archimica Limited failed to produce a suitable safety report required by the Control of Major Accident Hazards Regulations 1999 (COMAH Regulations) to demonstrate the safe operation of the site. This lead HSE to serve enforcement notices on 29 March 2010 requiring the company to make the required improvements. One enforcement notice was extended twice to allow the company to achieve the improvements but they had still failed to take the necessary action by the final expiry date of 7 February 2011.

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