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| Firm fined over explosion that saw worker lose leg | Firm fined over explosion that saw worker lose leg |
| (32 minutes later) | |
| The explosion saw two workers thrown into the air, with one employee having to have his leg amputated | The explosion saw two workers thrown into the air, with one employee having to have his leg amputated |
| A food recycling firm has been fined more than £500,000 after a major gas explosion saw two of its employees thrown into the air. | A food recycling firm has been fined more than £500,000 after a major gas explosion saw two of its employees thrown into the air. |
| Tomasz Patek and Robert Tyrko suffered life-changing injuries at BioDynamic in Colwick, Nottinghamshire, on 20 September 2017, in the blast that saw a slurry tank shoot off the ground before crashing back down. | Tomasz Patek and Robert Tyrko suffered life-changing injuries at BioDynamic in Colwick, Nottinghamshire, on 20 September 2017, in the blast that saw a slurry tank shoot off the ground before crashing back down. |
| Mr Tyrko had to have his leg amputated after the blast, with officials saying it was "remarkable" no-one was killed. | Mr Tyrko had to have his leg amputated after the blast, with officials saying it was "remarkable" no-one was killed. |
| The firm admitted numerous health and safety failings and was fined £534,487 at Nottingham Crown Court on Friday. | The firm admitted numerous health and safety failings and was fined £534,487 at Nottingham Crown Court on Friday. |
| The court heard Mr Patek and Mr Tyrko were using a grinder to cut and replace pipework at the top of the 11m high tank – which was carrying waste slurry – when sparks from the grinder or heat particles ignited flammable gases, causing the explosion. | The court heard Mr Patek and Mr Tyrko were using a grinder to cut and replace pipework at the top of the 11m high tank – which was carrying waste slurry – when sparks from the grinder or heat particles ignited flammable gases, causing the explosion. |
| The firm did not have permission for the tanks, which had not been part of the site's original design, the court was told. | The firm did not have permission for the tanks, which had not been part of the site's original design, the court was told. |
| BioDynamic's directors had relied on the expertise of others to ensure the firm's legal obligations were met, and while it did have an environment permit, it had not complied with the permit's conditions. | BioDynamic's directors had relied on the expertise of others to ensure the firm's legal obligations were met, and while it did have an environment permit, it had not complied with the permit's conditions. |
| Robert Tyrko said he had nightmares about the blast | Robert Tyrko said he had nightmares about the blast |
| Judge Michael Auty KC called the explosion an "accident waiting to happen", and that it permanently altered the lives of two innocent men. | Judge Michael Auty KC called the explosion an "accident waiting to happen", and that it permanently altered the lives of two innocent men. |
| The court heard Mr Tyrko will have to undergo further amputation of his leg, as he continues treatment, and has to use a wheelchair. | The court heard Mr Tyrko will have to undergo further amputation of his leg, as he continues treatment, and has to use a wheelchair. |
| The judge said Mr Tyrko - who also fractured his skull in the blast - could no longer play with his three sons in the way he would like to. | The judge said Mr Tyrko - who also fractured his skull in the blast - could no longer play with his three sons in the way he would like to. |
| In a statement released by the Health and Safety Executive (HSE), Mr Tyrko said: "I lose my patience very quickly. I attended appointments with a psychologist because I had nightmares that I was still having this accident." | In a statement released by the Health and Safety Executive (HSE), Mr Tyrko said: "I lose my patience very quickly. I attended appointments with a psychologist because I had nightmares that I was still having this accident." |
| BioDynamic had not properly trained employees, the court heard | |
| Mr Patek's life was also "altered irretrievably" and he may never properly recover, the court heard. | Mr Patek's life was also "altered irretrievably" and he may never properly recover, the court heard. |
| After he was flung from an elevated working platform, Mr Patek landed on the ground and had to spend two months in hospital. | After he was flung from an elevated working platform, Mr Patek landed on the ground and had to spend two months in hospital. |
| "After the accident, I was unable to recover emotionally," he said. | "After the accident, I was unable to recover emotionally," he said. |
| "I did not realise what had happened and was in deep shock." | "I did not realise what had happened and was in deep shock." |
| The judge told the court the former BioDynamic employee had to live off his savings and that his partner was "forced to give up work". | The judge told the court the former BioDynamic employee had to live off his savings and that his partner was "forced to give up work". |
| Directors 'remorseful' | |
| The court heard the firm had a "cavalier and reckless approach" to health and safety and had failed to ensure a safe working environment for staff, contractors and visitors and failed to suitably train staff. | |
| While the directors had relied on others to ensure the firm and its processes were legally complaint, Mr Auty said many of the failures in this case "required in fact very little by way of expertise". | |
| Instead they required "consideration, pause for thought, openness and dare I say plain common sense and respect", he said. | |
| The court heard how the directors were "genuinely remorseful" and that the firm had settled a civil claim with one victim, while another was ongoing. | |
| BioDynamic, which the court heard had an annual turnover of less than £4m, will have to pay the fine over the course of five years. | |
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