Philip Barker
8 Dec 2022
Scottish record fine of £2,125,000 awarded, for a case that involves the death of a single individual.
A chipboard manufacturer firm has been fined more than £2m after a worker at its Scottish plant died from catastrophic burns sustained while cleaning hot ash from machinery.
One of the world’s largest chipboard makers, was found guilty of two health and safety breaches at its plant in Cowie, Stirlingshire, in a unanimous verdict by a jury at Perth sheriff court in early November.
In July 2016, managers had asked a 64 year old employee to clear out hot ash from a gas duct over a wood dryer with several other colleagues, using a high-pressure hose.
Standing below the duct, the employee was enveloped by hot water, steam and ash, sustaining burns across 90% of his body. He died in hospital the following day.
The Crown Office (COPFS), Scotland’s prosecution authority, said an investigation by the Health and Safety Executive uncovered a catalogue of failings at the plant which had failed to provide a safe environment for workers tasked with cleaning the machinery.
“Employees were left to devise their own methods of working,” COPFS said. “Employees were exposed to risk of personal injury from falling ash within the combustion chamber since its installation at the site on 1 October 2014. There were several near misses involving other employees working during that time.”
The head of the Crown Office’s health and safety investigation unit, said: “The tragic death could have been prevented had suitable and sufficient measures been put in place.
“The prosecution and the sentence serve to highlight that a failure to fulfil health and safety obligations can have tragic consequences"
An inspector with the HSE, said: “Those in control of work have a responsibility to set up safe methods of working and to provide the necessary information, instruction and training. [If] a suitable safe system of work had been in place prior to the incident, the death could have been prevented.”
What can we learn?
Reading the case, it become clear that the Managment of the plant had a number of warnings that Safety was not being effectively managed. Proper reporting tracking and investigations of near Miss incidents would almost certainly have identified failings and resulted in improvements that could have prevented this tragic incident.