Prosecutions
The Health and Safety Executive (HSE) prosecuted the company, which makes cement and building products for the construction industry, after the death of the worker on 15 January 2008.
The force of the explosion was so great that it blew the worker out through the side of the building onto the road ten metres below. An ambulance crew attended but he was pronounced dead at the scene.
Leamington Spa Crown Court heard the married man, whose daughter was 18 months old at the time of his death, was treating waste cement dust in the bypass dust plant at the company's works in Rugby.
While he was clearing a blockage in the lower mixer, there was a violent explosion of steam and dust from inside the machine.
HSE's investigation into the incident found that the company had recognised the potential for blockages to cause explosions as steam pressure built up within the mixer, but took no action to prevent them.
The court also heard the company had failed to review its risk assessment following a previous incident in May 2006, when another man was injured using the same machine. This explosion bent a metal-cladded external wall, pushing it out by 50cm.
Speaking after the hearing, a Principal Inspector from the HSE said:
"This was an entirely avoidable tragedy, which has left a young family without a husband and a father. If the company had investigated the previous incident properly, the worker would still be alive today.
"The company’s protection against the build up of pressure was for the plant to be continuously vented when processing waste cement dust, but it frequently blocked. These blockages then caused steam to build up to a high pressure.
"The company could have made a number of changes to the mixer to reduce the flow of dust and improve the venting and cooling systems, or devised a new system of work. However, no action was taken and employees were expected to operate this dangerous piece of machinery.
"Employers must make sure that they take proper precautions to protect their workers, especially when there is the potential for explosion."
The victim’s mother said:
"He was a wonderful son, husband, father, brother and uncle. His early tragic death has left a hole in our lives that will never be filled.
"The loss we have suffered cannot be measured by money, but we hope today's fine makes those at the top of this company, and other firms, think about the safety of their workers. After all, they are the ones who get hurt and killed when it all goes wrong."
The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £200,000 and ordered to pay £172,000 costs.