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Court Finds Haulage Company Guilty of Creating Major Fire Risk


A. M. Widdowson & Son Ltd, a Leicester based haulage company, was prosecuted by HSE for failing to observe workplace safety regulations.

The company was found to have stored huge quantities of highly flammable aerosols at its Hilltop Industrial Estate site, creating a risk for the employees as well as members of neighbourhood. It was also found that the company had failed to carry out a risk assessment and observe other mandatory practices, in addition to not informing the authorities of their activities.

Coalville Magistrates Court heard both the parties, and the company pleaded guilty to violation of Regulation 6(2) of the Control of Major Accident Hazards Regulations 1999 (COMAH) and Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £9,900 including costs.

According to HSE inspector in the case James Wright, the measures taken by the company for ensuring workplace safety with respect to aerosols were less than the minimum requirement. Wright also added that the quantity of aerosols found on the site was sufficient to risk the safety of not only the employees but also people in the nearby areas.

Wright also pointed out that the company had failed to inform HSE about its activities and that the activities fell within the scope of COMAH Regulations.

However, this case is expected to warn all the businesses engaged in activities requiring storage of aerosol products to ensure adequate safety measures in place, so as to protect the employees and the residents of neighbouring places from fire risk and escaping prosecution by HSE.

Companies need to be sure that they are giving the correct instructions with effective policies around health and safety decisions. Fire Risk Assessments will benefit organisations in enabling them to understand their responsibilities for fire safety, and put in place measures to control the risks of fire as required under legislation.


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