Manufacturer fined after contractor engulfed in flames

Medical manufacturers, TJ Smith and Nephew Ltd were fined the maximum penalty in a magistrates' court of £20,000 following an accident in which a contractor was engulfed in flames at their Hessle Road site in Hull.

The HSE brought the prosecution under the Health and Safety at Work etc Act 1974 section 3(1) after investigating the incident in which the contractor was fortunate to have escaped with minor burns.

At Hull Magistrates' Court on Wednesday (16 May 2001) the company pleaded guilty and were also ordered to pay costs of £9,000. The magistrates' heard that the company had been fined in 1998 under the same act for again failing to provide adequate safety information to a contractor.

The incident occurred on 17 February 2000, when a contractor working on a major construction project at the firm called Project Neptune, was instructed by Smith and Nephew to remove pipework inside a service duct by cutting through it using hot work methods.

After making several cuts using a hand held angle grinder, the contractor cut a section of pipe where a viscous liquid spilled out. This ignited and flames sprung up from the bottom of the duct where the contractor was working.

T J Smith and Nephew Ltd was prosecuted under Section 3(1) of the Health and Safety at Work etc. Act 1974, which requires that it must conduct its undertaking so that the health and safety of those not in its employment are not affected thereby.
This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.