Double-investigation leads to £1.6million fine for car parts manufacturer

The HSE investigated and have prosecuted Faltec Europe Limited in relation to both incidents. Five people fell seriously ill following the Legionnaires’ disease outbreak and one worker suffered serious burns from the explosion incident.

Between October 2014 and June 2015, two employees, two agency workers and a local resident fell seriously ill with Legionnaires’ disease. HSE found the illness was caused by Faltec’s continuing failure to effectively manage its water cooling systems within the factory, causing the Legionella bacteria within the water supply to grow to potentially lethal levels.

In relation to the explosion incident, on 16th October 2015, an operator attempted to recover a part that became detached from production rollers at the plant in Boldon. Within the machine, there is an explosive atmosphere created during normal production. The part he was retrieving came into contact with an electrostatic grid, which created a spark and caused a dust explosion. The 19-year-old man suffered first degree burns to his face and arms. HSE found that adequate measures were not put in place to protect operators from explosion risks despite previous explosions having occurred.

For the Legionella incident, Faltec Europe Limited of Didcot Way, Boldon in Tyne and Wear pleaded guilty to breaches of Section 2 (1) and 3 (1) of the Health and Safety at Work Act 1974 (HSWA)

and was fined £800,000. For the explosion, the company pleaded guilty to breaching Section 2 (1) of HSWA and was fined £800,000. The company was also ordered to pay costs of £75,159.73 and a victim surcharge of £120.

Speaking after the hearing, HSE inspectors Fiona McGarry and Michael Kingston said, “The explosion and outbreak of Legionnaires’ disease at the Faltec factory had a major impact on the six people affected, with some suffering long-term ill-health as a result. In addition, the incidents raised concern amongst other employees and the local community. Legionnaires’ disease is a relatively uncommon, but potentially a fatal form of pneumonia. When water systems are not properly controlled and maintained there is a risk of exposing both employees and the wider community to Legionella bacteria. Following the outbreak, and HSE enforcement, improved control measures have now been implemented by the company to better manage the Legionella risks at the site.”

“Furthermore, where dangerous substances create a fire and explosion risk, there needs to be adequate control measures in place to prevent an explosion or mitigate the consequences. The risks should have been assessed before the machine was put into use and the previous incidents should have resulted in a comprehensive review by a competent person. Operators need to be trained on the fire and explosion risks and understand the required controls”.

Assurity Consulting are leading experts in workplace health, safety and environmental compliance. Our team of experts have been advising and shaping legislation around Legionella management for over 30 years. For more information on our services and how we can help you, please contact us on tel. +44 (0)1403 269375 or email us.