CCTV footage of an explosion which left two workers seriously injured has been released by the Health and Safety Executive.
Tomasz Patek and Robert Tyrko were using a grinder to cut and replace pipework at the top of an 11-metre high metal tank containing waste slurry. They were not using harnesses to carry out the work at Bio Dynamic (UK)’s Nottinghamshire plant in September 2017. Sparks from the grinder ignited flammable gasses causing the tank to explode.
What happened?
Tomasz was flung out of the mobile elevating work platform (MEWP) into the air and landed on the ground in the slurry around the tank. He suffered serious injuries to his back, head and torso and was in hospital for two months. Â His injuries were so severe that he was not able to work for more than two years.
Robert was also thrown into the air and landed back in the basket of the MEWP. Following the incident, Robert’s leg was amputated and he remains wheelchair bound as treatment is still ongoing to receive a prosthesis. He also sustained a fractured skull and a piece of metal embedded into his elbow.
Serious failings
The company, which produces electricity from food waste by anaerobic digestion, failed to ensure the health and safety of its employees and others nearby. A joint investigation by the Health and Safety Executive (HSE) and the Environment Agency found that Bio Dynamic (UK)  had kept and treated waste in a manner likely to cause pollution to the environment. The explosion was caused by multiple failures in the company’s management system and exacerbated by multiple breaches of the company’s environmental permit.
The company’s attitude towards environmental compliance was largely cosmetic
At a hearing at Nottingham Crown Court last month, Bio Dynamic (UK) pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work Act. It also admitted breaching regulation 38(2) of the Environmental Permitting (England & Wales) Regulations 2016 (EPR), and s.33(1)(c) of the Environmental Protection Act 1990 (EPA).
In total, the firm was fined £304,500 and ordered to pay £229,988 in prosecution costs.
What can be learnt from this case?
Speaking after the sentencing, HSE inspector Richenda Dixon said it was remarkable that Robert and Tomasz weren’t killed.
‘This incident resulted from fundamental and multiple failings by the company to properly manage its health and safety risks,’ Dr Dixon added.
‘These included failing to ensure that the design, installation and use of the tanks were safe; failing to carry out risk assessments; failing to put in place a safe system of work; and failing to train and supervise employees.’
Senior environmental crime officer for the Environment Agency, Iain Regan, added: ‘This was a lengthy and technically complex investigation by the Environment Agency and the HSE during which we found that the company’s attitude towards environmental compliance was largely cosmetic. Although the site had an environmental permit, the company was not complying with the conditions of the permit or with their own management system and procedures.’
Iain explained that the site had unauthorised gaseous emissions points and undertook modifications to its process which were not risk assessed or notified to the Environment Agency. The company did not recognise or understand the impact that these changes had on the safety of the plant and failed to take action, when warned, which could have prevented the incident. These factors, and a failure to implement permit to work procedures, including appropriate risk assessment, created all the necessary conditions on 20 September 2017 for the explosion which occurred.
‘Sites which receive, treat or dispose of waste must be permitted to ensure that they minimise the risk to the environment or human health,’ he said. ‘Incidents such as the explosion at Bio Dynamic show why it is essential that such sites strictly comply with all the conditions of their environmental permit and take their environmental responsibilities seriously.
‘The consequences of the company’s failure to comply with its environmental permit could have been fatal. As it is, two employees have been left with life changing physical and mental injuries which continue to devastate their lives seven years on from this incident.’
