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Fuel tank accident shows need for early risk assessment

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A recent high profile health and safety case has highlighted the need for businesses to carry out early risk assessment to avoid serious workplace accidents and financial harm.

Fuel Proof Limited, which makes airport fuel tanks, was fined £66,000 and ordered to pay £25,000 costs after an accident at the Morecambe-based firm left a man almost completely paralysed.

Preston Crown Court heard how Karol Robaczweski, 38, of Morecambe was inside a fuel tank when he was engulfed by a fireball on 9 September 2011.

He sustained severe burns to his arms, legs and face and will be reliant on a wheelchair for the rest of his life. Mr Robaczweski was cleaning the inside of the tank with a highly flammable solvent when he unplugged a lamp which sparked and caused an explosion.

The HSE investigation found that Fuel Proof had failed to carry out any risk assessment on the cleaning of the tanks.

It also said workers were not supervised, fumes in the tank were not being monitored and the masks and lighting provided were “entirely unsuitable.”

Fuel Proof pleaded guilty to breaching section 3.1 of the Health and Safety at Work Act 1974.

The regulations state that employers must ensure as far as is reasonably practicable that employees are not exposed to risks to their health and safety. Avoiding being liable under this section requires an early risk assessment.

Employers must carry out a systematic examination of work activities and practices, record the significant findings, take steps to reduce the risks and inform those employees who may be affected.

In the case of Fuel Proof, the HSE said there was no need for employees to use flammable solvents to clean the fuel tanks as soap and water would have sufficed. A thorough risk assessment could have alerted the company and its employees to the dangers of the practice.

The serious financial – not to mention reputational – implications should also be considered. Even in cases less extreme than this, employers can expect to face severe financial penalties if they are found guilty of a breach.

If you require further information on complying with health and safety laws, or any other regulatory legal matter, contact David Edwards on 01772 258321 or David.Edwards@harrison-drury.com


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