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Industrial Chemicals Ltd has been fined £2.5 million for two instances of two uncontrolled acid release incidents at its West Thurrock, Essex site.
The chemical management company of Old Power Station site, Stoneness Road, West Thurrock, Grays, Essex. Pleaded guilty following the incidents in 2020, one of which caused the release of a hydrogen chloride gas cloud that resulted in schools in the area needing to close.
First uncontrolled acid release
The first incident, occurred on January 6, 2020, where three chemical storage tanks unexpectedly released 300,00 litres of hydrochloric acid due to poorly maintained pipework.
As the acid made contact with the air, it formed a toxic hydrogen chloride gas cloud that rapidly spread to neighbouring towns.
Nearby CCTV footage shows the atmosphere being engulfed in the hydrogen chloride gas cloud within 60 seconds.
Emergency services advised closing doors and windows as local residents were at risk of exposure to the migrating fumes.
Schools and local businesses in West Thurrock and Chafford Hundred were urged to close.
The incident lasted approximately 24 hours.
Hydrochloric acid is highly corrosive, and hydrogen chloride gas can cause severe respiratory issues upon exposure.
The second uncontrolled acid release
On 29 August 2020, a second uncontrolled release of sulphuric acid, occurred due to a crack in a pipe.
As a result, 87 cubic meters of sulphuric acid was released into the atmosphere.
The valve that was designed to control leaks in the event of cracks did not operate as intended, leading to the uncontrolled release, increasing the risks to operators and delivery drivers.
Sulphuric acid is extremely corrosive and can harm the lungs if inhaled in large quantities.
Health and Safety Executive (HSE) investigation and findings
- Hydrochloric acid offence in January 2020
A joint investigation by the Health and Safety Executive (HSE) and Environment Agency (EA) into the release of the hydrochloric acid in January 2020.Found that pipework had not been professionally installed, maintained, and inspected sufficiently.
This led to several smaller pipe failures before the more serious loss of containment.
Additionally, a protective chemical-resistant coating had not been applied to the full height of containment walls.
- Sulphuric acid offence in August 2020
An investigation by HSE into the release of sulphuric acid in August 2020 identified a lack of inspection and maintenance of the pipework and valves.
The leak continued for a further two days due to the inability to operate a manual valve to stop the process.
The loss of containment was eventually stopped on 31 August 2020.
Fortunately, no one was harmed.
The verdict and charges
- Charges for the Hydrochloric acid offence in January 2020
Industrial Chemicals Limited pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 for the loss of containment of hydrochloric acid.
Industrial Chemicals Limited also pleaded guilty to two charges of breaching environmental permit conditions in contravention of regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2016.
The business failed to take the proper action to reduce the possibility of unapproved releases of hydrochloric acid and acid fumes into the air and land, which could have an effect on off-site receptors, including the neighbourhood.
- Charges for the Sulphuric acid offence in August 2020
Industrial Chemicals Limited also pleaded guilty to Section 2(1) of the Health and Safety at Work etc Act 1974.
In a hearing at Westminster Combined Court last week (Friday 28 March), the company was fined £2.4 million in relation to charges under the Health and Safety at Work Act 1974 and a further £100,000 in relation to charges under the Environmental Permitting (England and Wales) Regulations 2016.
Samantha Wells, an enforcement lawyer who brought the HSE prosecution, added: “The judge noted the defendant’s prior history of poor health and safety standards at the sentencing hearing, included previous incidents relating to poor maintenance of pipework at this site showing a careless attitude to health and safety which was treated as an aggravating factor which uplifted the sentence imposed.”
A statement from HSE principal inspector Maria Strangward:
“Industrial Chemicals Limited’s West Thurrock site is classified as an upper tier site under the Control of Major Accident Regulations 2015, so that businesses and communities are protected, and potential major accidents avoided.
The uncontrolled release of significant quantities of hazardous substances in these cases was entirely avoidable. There should have been a suitable planned maintenance program in place to guarantee that valves operate, and pipes do not fail.”
The initiative-taking maintenance of pipework and safety critical valves is extremely important at sites such as these.”
Frequently asked questions
What is Employers’ Liability?
Employers’ liability insurance covers the costs of compensating employees who are injured or become ill due to their work, a legal requirement for businesses employing staff.
Employers’ liability insurance protects businesses from the financial consequences of employee claims arising from work-related injuries or illnesses.
Under the Employers’ Liability (Compulsory Insurance) Act 1969, employers are legally obligated to have employers’ liability insurance if they employ staff.
The insurance policy typically covers compensation payments to injured or ill employees, as well as associated legal fees.
Nearly every UK business that employs staff, including full-time, part-time, temporary, apprentices, interns, volunteers, and contractors, needs employers’ liability insurance.
- Consequences of not having it
Failing to have adequate employers’ liability insurance can result in fines of up to £2,500 for every day you are uninsured.
If an employee is injured while operating machinery due to poor maintenance or lack of training, or if they become ill due to exposure to hazardous substances, the insurance policy would cover the costs associated with the claim.
The Employers’ Liability (Compulsory Insurance) Act 1969 makes it a legal requirement for employers to have employers’ liability insurance.
Landlord Employers’ Liability
If you are a landlord with employees, contractors, casual workers, or temporary staff, you are usually required by law to take out Employers’ Liability cover, to deal with any claims from employees who’ve been injured or become seriously ill as a result of working for you.
What is Public Liability?
Public liability refers to the legal responsibility a person or business has to compensate others for injuries or damage caused by their actions or negligence, particularly to members of the public.
Public liability stems from the duty of care that individuals and businesses owe to the public to ensure their premises and activities are safe.
Examples of Public Liability claims
- Injuries on Premises: Slips, trips, and falls on business property.
- Accidental Damage: Damage to property or belongings of a member of the public.
- Other Incidents: Dog attacks, food poisoning, and other incidents that cause harm to the public.
Public Liability Insurance
Businesses often purchase public liability insurance to cover the costs of compensating injured parties and legal fees.
Difference between Public Liability and Professional Indemnity Insurance
Public liability insurance covers claims by members of the public for injury, illness, or damage while professional indemnity covers claims by clients for professional mistakes or negligence.
Further information
HSE Safe use of work equipment – HSE website
Industrial disease claims – Oakwood Solicitors Ltd
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Alex Singleton joined Oakwood Solicitors in April 2021 as an experienced Paralegal, having worked in Personal Injury since 2018. Currently, Alex works in the Employers’ Liability and Public Liabilit…
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