26/08/2005

£15m fine over gas explosion that killed family

Gas supply company Transco was fined a record £15 million for safety breaches that led to a gas explosion that killed a family of four.

Following a 26-week long trial at Edinburgh High Court the jury convicted Transco under health and safety legislation for the explosion that devastated a family home in Carlisle Road, Lanarkshire on December 22, 1999.

The massive explosion demolished the house killing Andrew Findlay, 34, his wife Janette, 37, and the couple's children Stacey, 13, and Daryl, 11.

Imposing the fine, the judge, Lord Carloway, said that he wanted to set an "appropriate penalty", one that would send message to large companies and shareholders regarding what he said was a "serious failure over many years of one of our main privatised utilities".

Lord Carloway also castigated the company for attempting to pin the blame for the explosion on an internal leak in the property.

The fine is a record penalty imposed on any company for breaches of health and safety legislation contained in the Health and Safety at Work Act 1974.

The prosecution case hinged on argument that money rather than safety had been the company's approach to replacing gas mains.

An investigation by the Health and Safety officials, in a report handed to the Procurator Fiscal at Hamilton on 15 September 2000, showed that there were holes in the 250mm medium pressure ductile iron pipe that ran through the front garden of the Findlay's house.

Gas leaking form the main found its way into the under-floor void and subsequently the kitchen of the property where it ignited. While the source of ignition could not be determined, a gas hob or any other naked flame in the kitchen could have sparked the fatal explosion.

The prosecution described the work undertaken by Transco to replace the ductile iron pipework as "derisory".

In a statement, John Sumner, Head of the Health and Safety Executive's Chemicals Unit in Scotland, praised the investigation.

"With regard to pipeline safety, it should be noted that HSE served an improvement notice in September 2000 to accelerate Transco's mains replacement programme.

"This resulted in the replacement of all known sections of the sort of main that ruptured at Larkhall in the three years after the accident. In other words, some 2,500 km of ductile iron medium pressure gas mains were replaced by plastic pipeline."

Commenting on the fine Mr Sumner said: "The conviction sends a message not just to Transco but to all operators of hazardous plant of the need to keep accurate records, operate effective management systems and properly maintain pipelines and equipment."

Transco said that it was disapointed by the verdict and would be considering the judgment with a view to taking further legal action.

Transco sold its gas supply network operation on to Scotia Gas Networks this year.

(SP/KMcA)

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