Chemical firm incurs £3m fine following fatal toxic leak
9 Nov 2016
Cristal Pigment UK has been fined more than £3 million following the release of a toxic vapour cloud that left one employee dead.
The worker was blanketed by the toxic vapour cloud after a build-up of titanium tetrachloride came into contact with water, creating a violent reaction which ruptured a vessel, Hull Crown Court heard.
An investigation by the Health and Safety Executive (HSE) found that Cristal Pigment UK had deviated from “normal” operating procedures, which led to the build-up of the chemical.
According to the HSE, parts of the plant and its procedures were poorly designed and the company had not established robust safety management procedures and systems of work to assess and control risk and to ensure that these were actually followed.
A year after the first incident, in July 2011, there was another uncontrolled release of a toxic vapour during the cleaning of a redundant vessel.
Commenting on the incidents, HSE inspector Brian Fotheringham said: “The incident of 5 March 2010 caused the death of one employee and life-changing injuries to another. Had the wind been blowing in the opposite direction, it could also have caused a local disaster. However, the company still did not learn lessons from the 2010 incident and had another significant release of the same toxic gas just over a year later.
“This case must act as a reminder to the industry that there can be no room for complacency when dealing with such dangerous chemicals.”
Cristal Pigment UK pleaded guilty to the following charges: Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974, for the 2010 incident, and also Regulation 4 of the Control of Major Accident Hazards Regulations 1999 for the 2011 incident.
As a result, the company was fined £1.8m and £600,000 for charges associated with the incident on 5 March 2010, and fined £600,000 for the charge associated with the incident on 27 July 2011, as well as incurring additional costs of £37,868.00.