Former pie maker told to pay £375,000 over worker's death

Date:

8 March 2013

Release No:

Y&H/53/13

A West Yorkshire firm was today fined £250,000 for safety offences after a gas explosion in an industrial bakery oven ripped through its factory - killing a father of two and badly injuring another worker.

Andrew Jones Pies, of Huddersfield, which is now in administration, was also told by a judge at York Crown Court to pay £124,896 in costs. Imposing the penalty, the judge said the company had 'failed dismally' and that, though he understood the company was not in a position to pay the fines and costs, his judgement reflected the level of failings by the company.

The explosion at Andrew Jones Pies in Old Leeds Road, Huddersfield, happened after baker David Cole made apparent repeated attempts to light the 30-year-old oven unaware that more and more gas was building up to a critical flashpoint inside the baking chamber.

The walk-in oven following the explosion

When the gas did ignite, the blast blew the large oven door off its hinges hitting Mr Cole. The 37-year-old baker, who was standing in front of the oven, was hit by the door and then trapped when part of the roof collapsed.

Mr Cole, of Salterhebble, Halifax, who had worked for the company for 12 years, was pronounced dead at the scene. A colleague, Marcus Cartwright of Crossland Moor, Huddersfield, was also badly injured.

A jury at Leeds Crown Court found the company guilty of safety breaches last month (21 Feb) and the case was adjourned for sentencing to York Crown Court today (8 March).

The former award-winning pie company, now in administration, was prosecuted by the Health and Safety Executive (HSE) after its investigation into the incident on 10 April 2009 found serious safety breaches.

The court had heard that Mr Cole, a supervisor, had started work early so he could light the two large ovens before other workers arrived. One had apparently failed to light and at around 5am it exploded, killing Mr Cole, injuring his colleague and causing severe damage to the building.

HSE found the company's procedures for operating the ovens were inadequate and informal. The bakery workers had not been given sufficient instruction or training in their use, or the potential hazards arising and precautions necessary to operate them safely.

The company failed to appreciate that direct-fired ovens could potentially fill with a flammable mix of gas and air if repeated unsuccessful attempts were made to fire them up.

The investigation also discovered that an explosion relief panel on the back of the oven, which should have safely vented excess pressure, had at some time been rigidly fixed in place. The modification may, however, have pre-dated the firm's ownership of the ovens.

Andrew Jones Pies Ltd, now registered with the administrator in Ossett, near Wakefield, was found guilty of a breach of the Dangerous Substances and Explosives Atmospheres Regulations 2002 between 26 April 2007 and 10 April 2009. The firm was also found guilty of two breaches of the Provision and Use of Work Equipment Regulations 1998 between the same dates.

After the hearing HSE Inspector John Micklethwaite said:

"The tragic death of Mr Cole in this incident was devastating for his wife and family. I hope that the conclusion of the case will help to provide a degree of closure for David's bereaved family, friends and former colleagues. The judge commented clearly that David was not at fault.

"The explosion could have been avoided if the correct lighting-up procedures had been followed. No more than two attempts to light the oven should have been made. If the oven still failed to light, engineers should have been called in.

"Large gas oven explosions are known, but rare. HSE issued a Safety Alert after this incident to similar companies asking them to check the explosion reliefs on all direct fired bakery ovens."

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. Regulation 5(1) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 states: Where a dangerous substance is or is liable to be present at the workplace, the employer shall make a suitable and sufficient assessment of the risks to his employees which arise from that substance.
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 9(1) of the Provision and Use of Work Equipment Regulations 1998 states: Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken.

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