The Health and Safety Executive (HSE) have issued a warning to companies after an electrician had to be treated for the inhalation of carbon dioxide as he was working in a basement substation.
Denso Manufacturing Midlands Ltd, of Minworth, Sutton Coldfield, was fined a total of £28,000 and ordered to pay costs of £5,278 by Birmingham Magistrates Court on 12th December 2008, after pleading guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999.
The court heard that Denso Manufacturing Midlands Ltd was decommissioning the fire suppression system in the basement substation of its old works in Shaftmoor Lane, Hall Green, Birmingham. As part of preparing the site for clearance two employees of the company released carbon dioxide from 11 large cylinders into the small basement room, unaware that it was heavier than air and would not be able to escape.
The electrician entered the basement later, unaware that it was filled with the toxic gas. After noticing a strange taste to the air, he left the basement and then had to be treated for exposure to gas.
HSE s investigation revealed that no risk assessment had been carried out by the company to identify the risks arising from the move to Minworth and decommissioning of the Shaftmoor Lane factory. HSE inspector Ed Fryer said:
Quite clearly the lack of any risk assessment whatsoever enabled a very dangerous situation to develop. Management arrangements for the health and safety of employees and non employees were grossly inadequate. It would be too frightening to speculate what the consequences might have been, not only for the two employees or the contract electrician but for anybody who unwittingly entered that basement after the gas had been released.
The incident has highlighted the dangers of carbon dioxide poisoning in working environments and the potential risk to workers in hazardous environments. More importantly, it has highlighted the dangers of not carrying out adequate risk assessments and placing employees in dangerous and completely avoidable situations. The hefty fine imposed by the courts on Denso Manufacturing Midlands Limited also shows how seriously the legal system takes a failure in the company s duty of care towards its workforce.
The HSE exists to protect the innocent against exposure to unacceptable risk in their working environment, and in this instance the company was clearly in breach of the law. The compensation of employees injured in workplace accidents puts the onus on the victim having to pursue the claim themselves, and this is where specialist claims companies come into their own. The top compensation lawyers work on a no win, no fee basis system for most work accident compensation claims, making it easier for victims to receive financial support through what may be a lengthy convalescence period. By taking away the added worry of financial loss, a compensation claim for a work accident can sometimes be the only way for a victim to receive specialist treatment for injuries or to enable them to rebuild their lives after an accident. A case such as the Denso incident shows that the courts too are taking avoidable accidents very seriously. By drawing attention to failings such as this, future employees can avoid becoming victims of the same situation.
Meanwhile, the HSE will be driving home the message that carbon dioxide is a deadly, silent killer. All firms must be aware of the potential dangers of exposure to this gas.
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