‘Risks were numerous’

Highway Care pleaded guilty to failing to ensure the health, safety and welfare at work of its employees at the two sites and, in particular, failed to provide such information, instruction, training and supervision in relation to use of a plasma cutter.

The firm, which had a turnover of £18 million in 2015, was prosecuted under the Health and Safety at Work Act 1974.

Imposing the fine and ordering the firm to pay £33,358 court costs, Judge Charles Macdonald QC said the risks of using hot-work tools were numerous and documented in Health and Safety leaflets.

He added that even the tiniest of oil residues could create a build up of hydrocarbon gas in the confined area of the drum and be ignited. It was simply luck, he said, that such an explosion had not happened before.

Judge Macdonald added: “The defendant company must, however, receive a sentence that deters others and therefore protect other workers, and it must punish the company in a way that it feels the financial impact economically. That will bring home to both management and shareholders the need to comply with health and safety legislation.”

The court was told the board of directors had no knowledge the practice of using plasma cutters to cut off oil drum lids was being carried out and accepted it was dangerous and unnecessary.

The directors wrote a letter to the court, expressing their remorse and regret at an incident they described as an exception and not the rule. Dominic Kay, defending, said there was a feeling of complete devastation within the company for what happened.

He told the court Highway Care put safety before profit and that it was not a case of the company allowing what he said was an “infrequent” practice to take place or instructing it to be done.”

The company was given three years in which to pay the fine and costs.