Employers warned after college fined for acid explosion injury

At a hearing at Bristol Magistrates Court today, City of Bristol College was fined £14,000 and required to pay £18,000 costs, after admitting it was guilty of failing to adequately protect, train and supervise its staff and had failed to safely store and manage a hazardous substance.

The magistrate said that there had been a 'very serious breach of health and safety duties'.

On 2 May 2006 Gary Baird, a lecturer in welding, was working at the City of Bristol College's motor cycle technology centre in the city, preparing materials used in weld tests, when a litre jar of concentrated nitric acid became unstable and exploded.

Gary Baird suffered from significant acid burns which required two separate skin grafts and a second operation to his right hand. It is likely that his face will be permanently scarred as a result of this. He has also suffered nightmares and flashbacks.

The incident happened in a staff room where the hazardous chemicals were stored. Mr Baird had not been trained to undertake the activity which led to his injuries.

A criminal prosecution was brought by the Health and Safety Executive (HSE) under the Health and Safety at Work Act 1974. The City of Bristol College has pleaded guilty.

During the course of their investigations, the HSE served a Prohibition Notice and two Improvement Notices on the college, which required the college to review its systems relating to hazardous substances in the workplace.

UCU provided support for Mr Baird and has instructed Thompsons Solicitors to act for Mr Baird in the pursuit of his claim for compensation from his employer. The claim is distinct from today's HSE prosecution, but for legal reasons relating to this Mr Baird is unable to comment on the HSE prosecution and today's sentence.

UCU today welcomed the outcome of the prosecution, condemned the management of City of Bristol College and  warned colleges and universities that it will urge the HSE to prosecute any colleges or university which fails in its duty of care.

Samantha Brown from Thompsons Solicitors said: 'Mr Baird's claim for compensation is continuing. The college have accepted primary responsibility for causing Mr Baird's injuries.'
Roger Kline, head of employment rights at UCU, said: 'Gary Baird was badly injured because of the sloppy management and lack of proper concern by his employers. Gary was never advised on the safe storage and use of these chemicals, should not have been give a litre of concentrated nitric acid to work with, and was not trained and protected.

'If this can happen in one college it may happen in others putting staff and students at risk, unless colleges and universities thoroughly examine their procedures and safeguards and take action. UCU regards the health, safety and welfare of its members as a priority and we will not tolerate anything but the highest standards of protection from any employer. We will urge the HSE to prosecute wherever there is any serious breach of responsibilities.

'As teaching professionals we regret that a college has had to face a criminal prosecution but we hope this will encourage all employers to positively address health and safety issues within the workplace. We hope that employers will recognise the help that trade unions can provide in ensuring that health and safety issues are addressed.

Mr Kline added that UCU wants colleges and universities to:

1. check their purchasing and authorisation procedures and arrangements for bringing chemical substances into the workplace, to ensure they take full account of the Control of Substances Hazardous to Health (COSHH) requirements in respect of storage, use and handling by members of staff
2. ensure that proper training and information systems are in place so that staff who only use substances occasionally can do so in safety."
   UCU is advising all its current safety reps, branches and local associations to check for substances held in colleges and universities outside the formal arrangements that deal with potentially hazardous chemicals.