On 20 September 2017, the two employees of Bio Dynamic (UK) Limited were using a grinder to cut and replace pipework at the top of a metal tank containing waste slurry, when sparks from the grinder ignited flammable gasses causing the tank to explode.
The metal tank was projected high into the air before crashing to the ground nine seconds later.
Tomasz Patek and Robert Tyrko were flung out of the mobile elevating work platform (MEWP) into the air, with Patek landing on the ground in the slurry around the tank and Tyrko landing back in the basket of the MEWP.
As a result, Patek suffered serious injuries to his back, head and torso and was in hospital for two months and was not able to work for more than two years.
Meanwhile, Tyrko’s leg was amputated and he remains wheelchair bound as treatment is still ongoing to receive a prosthesis. Also, he sustained a fractured skull and a piece of metal in his elbow that continues to affect his daily life.
The use of anaerobic digestion to generate energy is common throughout the food and drink sector.
Investigation leads to £300k fine
A joint investigation by the Health and Safety Executive (HSE) and the Environment Agency found that the company had failed to ensure the health and safety of its employees and others nearby.
Bio Dynamic had kept and treated waste in a manner likely to cause pollution to the environment, while the explosion was caused by multiple failures in the company’s management system and exacerbated by multiple breaches of the company’s environmental permit.
At a hearing at Nottingham Crown Court on 22 November 2024 the firm pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974, and to breaching regulation 38(2) of the Environmental Permitting (England & Wales) Regulations 2016 (EPR), and s.33(1)(c) of the Environmental Protection Act 1990 (EPA).
As a result, Bio Dynamic was fined £304,500 and ordered to pay £229,988 in costs.
After the hearing, HSE inspector Richenda Dixon said: “It’s remarkable that Robert and Tomasz weren’t killed.
“This incident resulted from fundamental and multiple failings by the company to properly manage its health and safety risks.
“These included failing to ensure that the design, installation and use of the tanks were safe; failing to carry out risk assessments; failing to put in place a safe system of work; and failing to train and supervise employees.”
Senior environmental crime officer Iain Regan added: “Sites which receive, treat or dispose of waste must be permitted to ensure that they minimise the risk to the environment or human health. Incidents such as the explosion at Bio Dynamic show why it is essential that such sites strictly comply with all the conditions of their environmental permit and take their environmental responsibilities seriously.
“The consequences of the company’s failure to comply with its environmental permit could have been fatal. As it is, two employees have been left with life changing physical and mental injuries which continue to devastate their lives seven years on from this incident.”