WORKING WITH CHEMICALS - 21.03.2011

The risks of spray painting exposed

The accident

The 18-year-old employee of O’Keefe Construction (O) was employed to spray paint lighting towers. He was completing the task in a shed which had been set up for the purpose. Whilst working, the employee managed to spill paint thinners on his trousers. But when he went to his locker for a change of clothing, he walked near to a gas burner which was being used to heat the workshop. The heat from the burner ignited the thinners and set fire to his clothing. Although his colleagues managed to extinguish the flames, he suffered significant burns to both of his legs, his left arm and hand. His injuries were so significant, that he spent 16 nights in hospital - six of which were in intensive care. Subsequently, he has undergone skin grafts and been unable to work for six months.

HSE investigation

Because of the severity of the incident, the HSE decided to investigate. It’s fair to say that its inspectors were less than impressed by what they found.

• paint containers should have had their lids on and been stored in fire-resistant boxes

• mixing paint and thinners in the shed would lead to a potentially explosive atmosphere, so a gas burner with an open flame should not have been used in the same space

• O had completed a risk assessment which covered the tasks and the shed; however, the control measures identified hadn’t been implemented. In fact, a further management action plan, dated three years after the original assessment, re-iterated these measures, but they had still not been put in place at the time of the incident.

Prosecution

The investigating inspectors decided that the failings were significant enough to justify prosecution. In court, O pleaded guilty to breaching s.2(1) of the Health and Safety at Work etc. Act 1974.It was fined £20,000 and ordered to pay costs of £6,329. Following the conclusion of the case, one of the inspectors involved stated:

“In this case, the company had assessed the risks from paint spraying and had identified measures to control the risks, but had not put them in place. It is important that the findings of a risk assessment are acted upon. Had the company done so, then this terrible incident could have been prevented.”

Tip 1. Once you’ve identified your control measures, you must ensure that they are implemented. A senior manager should be made responsible for ensuring that this happens.

Tip 2. All staff involved in the tasks must be made aware of the findings of the risk assessment and what is expected of them. For example, in this case, the injured party should have been made aware of the correct storage procedures, avoiding sources of heat etc. This information should be spelt out in a Control of Substances Hazardous to Health (COSHH) assessment (see The next step). Copies of the assessment must be made available at the place of work.

For a free sample COSHH assessment document, visit http://healthandsafety.indicator.co.uk (HS 09.13.04).