HSE ISSUES WARNING ON SAFE USE OF PETROL AFTER SENTENCING

11 Mar 2005 04:15 PM

The Health and Safety Executive (HSE) and Sussex Police wish to warn motor vehicle repair garages about the importance of having a safe system in place for handling and storing petrol. The warning follows today's conclusion of proceedings brought against the manager and owner of a Sussex garage.

At an earlier hearing, garage manager Glen Hawkins was found guilty of manslaughter and his father, Howard Hawkins, the owner, was found guilty of breaching section 2(1) of the Health and Safety at Work etc Act 1974 (HSWA). They were both sentenced today at Lewes Crown Court. Glen Hawkins received a nine-month custodial sentence and Howard Hawkins a fine of £10,000 with costs of £15,000.

The prosecution followed the death of an apprentice mechanic, Lewis Murphy (18), who died four days after becoming engulfed in flames in an explosion at the Anchor garage, Peacehaven, Sussex on 19 February 2004. Mr Murphy was helping his manager, Glen Hawkins, empty a mixture of petrol and diesel from a dustbin into a waste oil disposal tank on the garage forecourt when the petrol exploded. A flue pipe outlet from a gas boiler was situated next to the tank and was switched on at the time. The boiler caused the fuel vapour to be sucked into the flue and ignited.

Passing sentence, Judge Richard Hayward, said of Glen Hawkins: "Causing the death of a person in such circumstances must be met with a prison sentence to punish you and send a serious message to people in the workplace that if they are grossly negligent they face prison."

In relation to John Hawkins, he continued: "To say that you were complacent about health and safety is an understatement. You regard health and safety as a tiresome intrusion into your business and a matter of common sense that you could leave to the experience of your mechanics. Being a dinosaur can sometimes be endearing but not on health and safety matters."

HSE Inspector Joanna Teasdale said: "In this case the garage management apparently had little understanding of how highly flammable petrol is. Minimal attempts had been made to overcome the hazards associated with its handling. The joint investigation with Sussex Police found that no formal procedures were in place for transferring and storing highly flammable liquids or draining fuel from cars. Howard Hawkins had also failed to register his garage with HSE.

"HSE issues simple guidance for petrol handling and storage in garages and we are always happy to advise on these matters. Most of the hazards of fuel removal can be mitigated by the use of a proprietary fuel retriever; providing a suitable container; eliminating static electricity; and capturing any petrol vapour displaced. This case is particularly distressing as Mr Murphy was learning the trade and so was heavily reliant on the duty of care owed to him by his manager and the garage owner. This was sadly absent."

Michael and Elizabeth Murphy said: "The tragic death of our youngest son Lewis has been both traumatic and painful for us. It is the most painful news any parent can go through, that one of their children has been killed. We would like to get this message across to all those parties involved with placing young school leavers in a working environment - that they ensure that the companies they send these young people to are registered with the HSE and that they are receiving proper health and safety training at the workplace. It is not enough to assume that the other party is carrying it out."

Notes to Editors

1. Section 2(1) of HSWA states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

'Health and Safety in Motor Vehicle Repair' (HSG67) (£5.50) provides practical advice on how to organise health and safety in garages and explains which laws apply to motor vehicle repair and how to comply with them. HSE free leaflet/poster 'Safe Use of Petrol in Garages' - (INDG331) represents best practice and gives general guidance on petrol and fuel retrieval. Both are available from HSE Books, (Tel 01787 881165 http://www.hsebooks.co.uk/) and the free leaflet can be downloaded from the HSE website - http://www.hse.gov.uk/mvr

PUBLIC ENQUIRIES: Call HSE's InfoLine, tel: 0845 345 0055, or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.

HSE information and press releases can be accessed on the Internet: www.hse.gov.uk

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