Explosion prosecution

An explosion prosecution by the Health and Safety Executive (HSE) has highlighted the risks associated with handling solvents and the DSEAR rules. A solvents manufacturer has been fined following an explosion at its factory in the Scottish Borders.

The blast at Rathburn Chemicals in Walkerburn on 10 January 2020 resulted in a laboratory, which was part of the factory, being demolished.

It was likely caused by excessive pentane vapour, generated by the company’s distillation process, overheating and being ignited by the site’s extraction system causing an explosion.  Fortunately, no one was injured by the explosion.

A HSE investigation found Rathburn Chemicals had an inadequate system in place which failed to control the amount of steam and heat being generated during its distillation process. The company also failed to adequately detect any signs of overheating which could lead to flammable vapour being ignited.

The HSE has published guidance on how to eliminate or reduce the risk of explosion in such circumstances which is available free on their website – The Dangerous Substances and Explosive Atmospheres Regulations 2002 – Fire and explosion.

Rathburn Chemicals (Manufacturing) Limited, of Caberston Road, Walkerburn, Peeblesshire, pleaded guilty to breaching Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 and ordered to pay a victim surcharge of £3,000 at Lothian and Borders Sheriff Court on 20 September 2024.

HSE inspector Isabelle Martin said:

“This was a serious incident and it is fortunate that no one was injured by the blast. The explosion could have been avoided had Rathburn Chemicals simply carried out the correct control measures and safe working practices.

“This case also highlights the risks from distilling flammable substances, the need for reliable control measures and adequate training of employees. Companies looking for further advice on this issue can find readily available guidance on the HSE website.”

Explosion prosecution DSEAR

What is DSEAR and how to prevent an explosion?

DSEAR stands for the Dangerous Substances and Explosive Atmospheres Regulations 2002.

Dangerous substances can put peoples’ safety at risk from fire, explosion and corrosion of metal. DSEAR puts duties on employers and the self-employed to protect people from these risks to their safety in the workplace, and to members of the public who may be put at risk by work activity.

What are dangerous substances?

Dangerous substances are any substances used or present at work that could, if not properly controlled, cause harm to people as a result of a fire or explosion or corrosion of metal. They can be found in nearly all workplaces and include such things as solvents, paints, varnishes, flammable gases, such as liquid petroleum gas (LPG), dusts from machining and sanding operations, dusts from foodstuffs, pressurised gases and substances corrosive to metal.

What does DSEAR require?

All employers must:

  • find out what dangerous substances are in their workplace and what the risks are associated with them
  • put control measures in place to either remove those risks or, where this is not possible, control them
  • put controls in place to reduce the effects of any incidents involving dangerous substances
  • prepare plans and procedures to deal with accidents, incidents and emergencies involving dangerous substances
  • make sure employees are properly informed about and trained to control or deal with the risks from the dangerous substances
  • identify and classify areas of the workplace where explosive atmospheres may occur and avoid ignition sources (from unprotected equipment, for example) in those areas.

If you require health and safety advice for your business, please contact one of the Ashbrooke team.