Company in Court due to Risk Assessment Failure

Once again, lack of suitable and sufficient risk assessments lands a company in court. In this case, Valero Energy UK Limited was £400, 000 following a serious accident at its Pembroke Refinery.

Swansea Crown Court heard that the Berth 6 access tower walkway that provided gangway access to a stationary tanker vessel on 5 March 2012 had dropped 3.5 metres, causing operator David Thomas to be trapped by a slack wire rope. He suffered fractures and lacerations to both legs and a dislocated knee.

Risk Assessment failure

An investigation by the Health and Safety Executive (HSE) found multiple failings leading up to the incident which led it to launch the prosecution. The court heard numerous failings including:

• failed to carry out a sufficient risk assessment of the use and operation of the access tower, with the result that the dangers of jamming, slack cable, and personnel accessing the walkway without engaging the scotching pin were neither identified or addressed and the hierarchy of risk control was not applied
• failed to provide adequate information, instruction, and training to employees as to the safe use and operation of the access tower
• failed to carry out adequate investigations into the previous and related incidents of September 2011, February 2011 and, in particular, August 2010
• failed to review the checklist risk assessment in light of those incidents
• failed to act on the recommendations of their inspection contractor, particularly in respect of the jamming problem and the absence of any access gate interlock and ignored comments on one report of their that there was a ‘’potential fatal accident waiting to happen’’.
• failed to install any means of detection or prevention of slack cable in the mechanism
• failed to detect that the access tower was neither CE marked, nor subject to a Declaration of Conformity, as required.

Valero Energy UK Limited (who were previously known as Chevron), of Pembroke Refinery, Pembrokeshire, pleaded guilty to a single charge of breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 at a previous hearing. Valero Energy UK Limited was fined £400 000 and ordered to pay costs of £60 614.

Speaking after the hearing, HSE inspector Andrew Knowles said:

“It was particularly disappointing to find that although the company knew there had been problems with the operation of the access tower the company had failed to investigate these properly and had relied on changes to instructions, rather than taking action to modify the defective hardware, as required by the hierarchy of risk control.

“This was even more surprising in view of the fact that the company operates a major hazard refinery site where you would expect such problems to be taken more seriously and effectively investigated, with suitable corrective actions implemented.”

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