Firm fined over explosion that saw worker lose leg

A food recycling firm has been ordered to pay more than £500,000 after a major gas explosion that led to one worker losing his leg and another spending two months in hospital.

Tomasz Patek and Robert Tyrko suffered life-changing injuries at BioDynamic in Colwick, Nottinghamshire, on 20 September 2017, when they were thrown into the air by the blast, which 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.

The firm admitted numerous health and safety failings and was fined £304,500 at Nottingham Crown Court on Friday, as well as being ordered to pay costs of £229,988.

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.

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

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 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."

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.

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.

"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".

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 compliant, 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 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.

A spokesperson for the firm said: "After co-operating with the Health and Safety Executive and Environment Agency during a lengthy investigation, the company are grateful that this matter has finally been brought to a close after seven years and would wish to extend its deepest sympathies to both Mr Tyrko and Mr Patek."