Two men were working on a metal tank in Colwick Industrial Estate, Nottingham, when it exploded.
Bio Dynamic (UK) Limited produces electricity from food waste by anaerobic digestion. On 20th September 2017 鈥� seven years ago now 鈥� two employees were using a grinder to cut and replace pipework at the top of an 11-metre high metal tank containing waste slurry. They were working from a mobile elevating work platform (MEWP) but not wearing harnesses.
Sparks from the grinder ignited flammable gasses causing the tank to explode. The tank was projected high into the air before crashing to the ground nine seconds later, as seen in the CCTV footage shown below.
Tomasz Patek was flung out of the platform into the air and landed on the ground in the slurry around the tank. He suffered serious injuries to his back, head and torso and was in hospital for two months.聽 His injuries were so severe that he was not able to work for more than two years.
Robert Tyrko was thrown into the air and landed back in the basket of the MEWP. Following the incident, his leg was amputated and he remains wheelchair bound as treatment is still ongoing to receive a prosthesis. He also sustained a fractured skull and a piece of metal in his elbow that continues to affect his daily life.
A joint investigation by the Health & Safety Executive (HSE) and the Environment Agency found that the company had failed to ensure the health and safety of its employees and others nearby. The company had kept and treated waste in a manner likely to cause pollution to the environment. The explosion was caused by multiple failures in the company鈥檚 management system and exacerbated by multiple breaches of the company鈥檚 environmental permit.
At a hearing at Nottingham Crown Court on 22nd November 2024, Bio Dynamic (UK) Limited pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. It also pleaded guilty to breaching regulation 38(2) of the Environmental Permitting (England & Wales) Regulations 2016 (EPR), and s.33(1)(c) of the Environmental Protection Act 1990 (EPA).
It was fined a total of 拢304,500 and ordered to pay 拢229,988 in costs.
HSE inspector Richenda Dixon said after the hearing: 鈥淚t鈥檚 remarkable that Robert and Tomasz weren鈥檛 killed. This incident resulted from fundamental and multiple failings by the company to properly manage its health and safety risks.
鈥淭hese included failing to ensure that the design, installation and use of the tanks were safe; failing to carry out risk assessments; failing to put in place a safe system of work; and failing to train and supervise employees.鈥�
Senior environmental crime officer Iain Regan said: 鈥淭his was a lengthy and technically complex investigation by the Environment Agency and the HSE during which we found that the company鈥檚 attitude towards environmental compliance was largely cosmetic.聽 Although the site had an environmental permit, the company was not complying with the conditions of the permit or with their own management system and procedures.
鈥淭he site had unauthorised gaseous emissions points and undertook modifications to their process which were not risk assessed or notified to the Environment Agency.聽 The company did not recognise or understand the impact that these changes had on the safety of the plant and failed to take action, when warned, which could have prevented the incident.聽 These factors, and a failure to implement permit to work procedures, including appropriate risk assessment, created all the necessary conditions on 20 September 2017 for the explosion which occurred.
鈥淪ites which receive, treat or dispose of waste must be permitted to ensure that they minimise the risk to the environment or human health.聽 Incidents such as the explosion at Bio Dynamic show why it is essential that such sites strictly comply with all the conditions of their environmental permit and take their environmental responsibilities seriously.聽 The consequences of the company鈥檚 failure to comply with its environmental permit could have been fatal.聽 As it is, two employees have been left with life changing physical and mental injuries which continue to devastate their lives seven years on from this incident.鈥�
Got a story? Email news@theconstructionindex.co.uk
