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Multinational chemical firm prosecuted after lethal gas causes air pollution (11 February 2016)

Date: 11/02/2016
Duncan Lewis, Personal Injury Solicitors, Multinational chemical firm prosecuted after lethal gas causes air pollution

A multinational chemical producer has been prosecuted by the Health and Safety Executive (HSE), after a dangerous gas was released into the atmosphere, causing disruption to the M5 motorway and thousands of homes nearby.

Solvay Solutions UK Limited was prosecuted after the dangerous gas phosphorus and phosphine was released into the atmosphere. The gas spontaneously ignited upon contact with air to produce phosphorous pentoxide. In turn, this reacted with the moisture in the air to produce a mist of phosphoric acid, which drifted to a densely populated area.

The uncontrolled release of the gas put both employees and members of the public at risk – and during the incident, police set up road closures near the site in the West Midlands.

Local sections of the M5 were also closed by the Highways Agency – and an estimated 4,500 people were asked to stay indoors for between two and three hours.

An investigation carried out by the Health and Safety Executive into the incident – which occurred at Trinity Street at Oldbury in the West Midlands on 2 January 2009 – found that a welded steel bar known as a rodder had failed at the weld and had broken in two, leaving an opening through which the gas escaped. The incident was reported to the European Commission.

HSE investigators found that Solvay had failed to properly assess and act upon the risk of the rodder failing.

Solvay Solutions UK Limited – formerly Rhodia UK Limited – was fined a total of £333,000 and ordered to pay costs of £110,000, after pleading guilty to an offence under Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE inspector Kay Brookes, said:

“This was a long and complex case, but at the heart of it lay the fact that this company’s actions caused an incident that affected the public and workers.

“The loss of containment and failure in Solvay’s systems caused huge disruption – and the outcomes could have been far worse.

“This case should serve as a warning to other companies dealing with harmful substances that they need to get their processes absolutely right, in order to ensure the safety of the public – if they don’t, they will face the consequences.”

Area environment manager for the Environment Agency, Marc Lidderth, added:

“In our role as environmental regulator and as part of the COMAH Competent Authority, we fully support HSE’s action in bringing this case.

“Environmental and health and safety law set out clear requirements for operators to make sure they take the appropriate steps to run their sites safely, so that people and the environment are properly protected.

“This case is an example of how we take direct action against companies that fail to do this, break the law – and create an unacceptable risk to the community.”

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