HSE admits breaching section 2 HSW Act

Laboratory worker suffers serious burns in setting up hydrogen test rig

The Health and Safety Executive (HSE) has accepted a Crown Censure after a worker was injured when conducting an experiment in a testing facility at the HSE Laboratory in Buxton in October 2016.

The incident happened when a prototype hydrogen storage vessel was being tested to determine if the design would be suitable for its intended use. Whilst filling the vessel a connector failed and a quantity of hydrogen escaped under pressure. The hydrogen ignited and the HSE employee who was close to the vessel was injured.

HM Inspectors of Health and Safety investigated the incident and served a Crown Improvement Notice requiring HSE to provide a system of work for proof testing and leak testing an assembled hydrogen line and test tank to ensure, so far as is reasonable, the safety of employees and other people in the vicinity. HSE complied with the Notice.

Failure to assess, plan, manage and control risk

The investigation by HM Inspectors concluded that the pressure testing went wrong because of failings to assess, plan, manage and control a well-known risk of death or serious injury. The investigation team found the incident could have been prevented by putting in place recognised control measures available in longstanding published guidance.

Director of field operations, Samantha Peace said:“HSE fell below the required standard and as the failings exposed workers to the risk of death or serious injury, a Crown Censure is the right course of action. HSE has co-operated fully with the investigation and we are satisfied that action has been taken to put matters right.”

HSE CEO Richard Judge said“I very much regret this incident happened, and especially that our colleague was injured. On this occasion, we did not meet the standards we expect of others and that is deeply disappointing. HSE accepts the Crown Censure. We took early action to resolve the immediate issues identified by the regulatory and internal investigations. In line with our spirit of continuous improvement, we are using the findings from the investigations as an opportunity to learn and to do significantly better.”

By accepting the Crown Censure, HSE admitted to breaching its duty under Section 2 of the Health and Safety at Work etc. Act 1974 in that it exposed employees to risks to their health, safety and welfare.

As a Government body, HSE cannot face prosecution in the same way as private or commercial organisations and a Crown Censure is the maximum sanction a government body can receive. There is no financial penalty associated with Crown Censure, but once accepted is an official record of a failing to meet the standards set out in law.

HSE admits breaching section 2 HSW Act
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