A hazardous waste recycling company has been prosecuted for not storing flammable materials safely, after an arsonist gained access to them and set fire to the company’s premises.

The Health and Safety Executive (HSE) also found that a dangerous drum crushing machine in use on the premises of BCB Environmental Management Ltd (BCB) contravened the Provision and Use of Work Equipment Regulations 1998.

A vital safety guard was missing from the machine, which exposed operators to dangerous internal mechanics – including a hydraulic ram capable of applying two tonnes of pressure.

HSE inspectors also found that employees would have ‘struggled’ to stop the crusher in the event of an accident because the safety stop switch was covered in grime and was almost ‘unrecognisable’.

In October 2008, an arsonist – later convicted – had set fire to the premises and the subsequent investigation by the HSE brought the other safety issues to light.

On Friday (26/03/10) at Harrogate Magistrates’ Court, BCB Environmental Management Limited, based at Marston Business Park in Tockwith, North Yorkshire, pleaded guilty to breaching Regulations 6 and 7 of the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) after illegally processing drums of volatile chemicals close to unprotected electrical equipment and forklift trucks. The company was fined fined £40,000.

BCB Environmental Ltd also pleaded guilty to breaching Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 regarding safety lapses relating to the drum crushing machine.

The company was ordered to pay a total of £6,110 in costs for the three breaches.

After the hearing HSE Inspector Stephen Britton said: 

‘BCB Environmental Management Ltd processed drums containing flammable liquid close to unprotected electrical equipment, creating a real risk that they could have gone up at any time.

‘As a hazardous waste specialist, BCB should have been well aware of the relevant legislation and should never have handled flammable material in this way. 

‘Today’s prosecution offers food for thought – not just for the management at BCB – but for all involved in the recycling industry working with similar equipment and materials,’ added Mr Britton. ‘They must adhere to the relevant legislation at all times to protect lives.’

Commenting on the safety lapses regarding the drum crushing machine, Mr Britton said:

‘The removal of a safety guard on the drum crushing machine is unbelievable. The guard is there for one reason and one reason only, to protect workers. The consequences of exposing human limbs to a two tonne hydraulic crusher would be horrific.’

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