A £2.5 million fine has been handed down to Industrial Chemicals Ltd, for two instances of uncontrolled acid release in Essex.
Industrial Chemicals Ltd of West Thurrock, Essex, pleaded guilty after the incidents, which took place in 2020. As the result of one of them – a hydrogen chloride gas cloud was released, which resulted in local schools needing to close.
The first incident occurred on the sixth of January 2020, where three chemical storage tanks released 300,00 litres of hydrochloric acid unexpectedly, due to poorly maintenance of pipework.
Neighbouring towns were exposed to a hydrogen chloride gas cloud, which rapidly spread when the acid made contact with the air. CCTV footage captured the gas cloud spreading through the atmosphere within 60 seconds.
Local residents were advised to close their doors and windows by emergency services, due to the risk of exposure to the fumes. West Thurrock and Chafford Hundred schools and business were also urged to close, with the incident lasting around twenty-four hours.
Hydrochloric acid is a highly corrosive substance, and hydrogen chloride gas can cause severe respiratory issues if exposed to it.
On the 29th of August 2020, a cracked pipe was the cause of a second uncontrolled release, this time of sulphuric acid.
As a result, 87 cubic metres of sulphuric acid were released into the atmosphere due to a faulty valve that was supposed to prevent leaks in the event of a crack. This increased risk of exposure to operators and delivery drivers.
Sulphuric acid is extremely corrosive and can be damaging to the lungs if inhaled in large quantities.
The Health and Safety Executive (HSE) investigation and findings
- Hydrochloric acid offence
The Health and Safety Executive (HSE) and the Environment Agency (EA) jointly investigated the hydrochloric acid release in January 2020. it was determined that that pipework had not been installed professionally, maintained, and inspected sufficiently.
As a result of this, several smaller pipe failures occurred before the more serious loss of containment.
To compound matters, a protective chemical-resistant coating had not been applied to the full height of containment walls.
- Sulphuric acid offence
An HSE investigation into the August 2020 release of sulphuric acid identified a lack of inspection and maintenance of the pipework and valves.
Due to it not being possible to operate a manual override valve to stop the process, the leak continued for a further two days, eventually being stopped on the 31st of August. Thankfully, nobody was harmed.
The verdict and charges
- Charges for the Hydrochloric acid offence
Industrial Chemicals Limited pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 for the loss of containment of hydrochloric acid.
Industrial Chemicals Limited also pleaded guilty to two charges of breaching environmental permit conditions in contravention of regulation 38(2) of the Environmental Permitting (England and Wales) Regulations 2016.
The business failed to take the proper action to reduce the possibility of unapproved releases of hydrochloric acid and acid fumes into the air and land, which could have an effect on off-site receptors, including the neighbourhood.
- Charges for the Sulphuric acid offence in August 2020
Industrial Chemicals Limited also pleaded guilty to Section 2(1) of the Health and Safety at Work etc Act 1974.
In a hearing at Westminster Combined Court on Friday the 28th of March, the company was fined £2.4 million in relation to charges under the Health and Safety at Work Act 1974 and a further £100,000 in relation to charges under the Environmental Permitting (England and Wales) Regulations 2016.
Enforcement Lawyer Samantha Wells added:
“The judge noted the defendant’s prior history of poor health and safety standards at the sentencing hearing, included previous incidents relating to poor maintenance of pipework at this site showing a careless attitude to health and safety which was treated as an aggravating factor which uplifted the sentence imposed.”
HSE principal inspector Maria Strangward stated:
“Industrial Chemicals Limited’s West Thurrock site is classified as an upper tier site under the Control of Major Accident Regulations 2015, so that businesses and communities are protected, and potential major accidents avoided.
“The uncontrolled release of significant quantities of hazardous substances in these cases was entirely avoidable. There should have been a suitable planned maintenance program in place to guarantee that valves operate, and pipes do not fail.
“The initiative-taking maintenance of pipework and safety critical valves is extremely important at sites such as these.”
Further reading
For some information about accidents at work, check out this page.
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