Yorkshire Water Services and one of its contractors were fined £150,000 between them for safety crimes after a workman died at a York pumping station.
Flames engulfed Dennis Latter, 61, as he cut bolts in an underground chamber at Huntington Pumping Station on July 1 1999, Leeds Crown Court heard. He died from his injuries 18 days later.
"His death was, in my judgment, the result of an accident waiting to happen in circumstances where there was a clear and foreseeable risk of injury or worse," said Judge Paul Hoffman.
"They (the companies) are both guilty of significant failings and these failings caused Mr Latter's death."
He fined Yorkshire Water Services Ltd and contractors Galliford Northern Ltd £75,000 and ordered them to pay £17,355 towards the Health and Safety Executive's (HSE) court costs.
It brought the prosecution which led to both companies pleading guilty to failing to ensure the safety of workmen at the station and failing to carry out risk assessments.
Outside court, Robert Ibberson of the HSE said his investigation showed that all companies had a duty to protect their employees and anyone working on their premises.
Prosecuting, Guy Kearl said piping carrying oxygen used to prevent sewage flows going septic allowed the gas to enter the chamber where it formed a flammable combination with the atmosphere already there.
On July 1, Mr Latter with a colleague started to cut rusty bolts in the chamber with an electrical tool. Sparks from the tool ignited the gas which set fire to his clothes.
But the chamber could have been made safe to work in by turning off the oxygen and opening the chamber entrance for some time before workmen entered, said Mr Kearl.
Both Yorkshire Water and Galliford Northern knew or should have known about the extra oxygen in the chamber, particularly after a report in April 1999 mentioned the piping specifically.
But although Yorkshire Water had had a duty for years to assess the risk of working in the chamber, it had failed to do so and Galliford Northern failed to do a similar assessment before it let its employee Mr Latter enter.
For Galliford Northern Ltd of Wolvey, Hinckley, Leicestershire, Anthony Goldstaub QC said it deeply regretted the death of Mr Latter who had been a loyal and valued employee for 30 years and it was very conscious of the loss to his family.
For Yorkshire Water, Bryan Cox said it too regretted what had happened.
Both companies said the incident had been an isolated breach, and made comments about the way the other had handled matters leading up to the death. Both have changed their safety systems since.
Four directors of Galliford Northern Ltd, including its managing director, and one Yorkshire Water Services director were in court to heard the judge describe both as having excellent or good safety records.
The judge said the fines were to reflect the gravity of the crimes and not to put a value on Mr Latter's life.
Updated: 08:35 Friday, August 10, 2001
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