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WORKMAN DIED INHALING PAINT REMOVER VAPOUR

Dichloromethane containing agent used in unventilated confined space

Multicrest Ltd, a bath restoration company, has been fined after a workman died from inhaling toxic fumes in the bathroom of a South West London flat in 2009.

Colin Pocock, 55, was using an industrial paint and varnish remover to strip a resin coating from a bath at a housing association property in Wandsworth, when he was overcome by fumes.

The stripping agent contained dichloromethane (also known as methylene chloride) a carcinogenic toxic chemical. Fumes rapidly built up in the confined space and he died at the scene as a result of over exposure. His body was discovered by the occupant of the flat.

Southwark Crown Court heard (23 May) that HSE investigators found there was insufficient natural ventilation in the bathroom and that mechanical ventilation equipment had not been used to control the risk.

Written documentation from Multicrest stated that work of this nature should carried out in well ventilated areas, but no equipment was provided by the employer. Managers were unaware of how work needed to be done in bathrooms and failed to provide adequate safe working arrangements.

Exposed to lethal fumes with virtually no protection

Multicrest Ltd, of Hampton, Middlesex, was fined £25,000 and ordered to pay £56,286 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

After the hearing, 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.”

The sentencing at Southwark Crown Court follows an earlier prosecution of Renubath Services Ltd (Multicrest’s franchising company) for identical failings linked to inadequate ventilation arrangements.

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 Section 2(1) of the Health and Safety at Work etc. Act 1974 in proceedings brought by HSE.

It follows an investigation into work on properties across South West England between February 2006 and July 2009.

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