HSE slams bath company for shocking confined space fatality
A worker died after inhaling toxic fumes while carrying out restoration work in a bathroom at a flat in South West London.
Southwark Crown Court heard Multicrest Ltd, a franchise of Renubath Services Ltd, had been contracted to restore a bath at a housing association property in Eton Close, Wandsworth.
On 16 June 2009, Colin Pocock was using an industrial paint and varnish remover to strip resin coating from the bath. The stripping agent contained dichloromethane, also known as methylene chloride, which is a carcinogenic chemical. The room had insufficient ventilation and the 55-year-old was overcome by the fumes. He died at the scene and was discovered by the occupant of the flat.
The HSE investigated the incident and found written documents from Multicrest stating that work of this kind should only be carried out in well-ventilated areas. But the firm had failed to provide any ventilation equipment for employees, while managers were unaware of how to carry out the work safely in bathrooms.
HSE inspector Steve Kirton said: "This is a shocking death resulting from totally inadequate ventilation in the enclosed bathroom space in which Colin Pocock had to operate.
?"The risks associated with stripping agents containing dichloromethane are well known, yet he was exposed to lethal fumes with virtually no protection. Mechanical ventilation equipment is often a necessity, but all he had to rely on was a small open window, a basic mask and pot luck.
?"The use of substances that create toxic fumes must only be used where the fumes cannot build up and affect people, and the work must be properly planned and supervised – none of which happened on this occasion."
Multicrest Ltd appeared in court on 23 May and pleaded guilty to breaching s2(1) of the HSWA 1974. It was fined £25,000 and ordered to pay £56,286 in costs.
The HSE also investigated Renubath Services Ltd for failing to ensure adequate ventilation arrangements were in place during work on properties across South West England between February 2006 and July 2009.
The company, now in liquidation, was fined £20,000 and ordered to pay £21,202 in costs at Westminster Magistrates' Court on 30 May 2012, after also pleading guilty to breaching s2(1) of the HSWA 1974.