On 20 September 2017, two employees of Bio Dynamic (UK) Limited were performing maintenance work on a metal tank containing waste slurry. While utilizing a grinder to cut and replace pipework, sparks ignited flammable gases, resulting in a catastrophic explosion.
The force of the explosion propelled the metal tank high into the air before it crashed to the ground just nine seconds later.
Tomasz Patek and Robert Tyrko were thrown from the mobile elevating work platform (MEWP). Patek landed directly in the slurry surrounding the tank, while Tyrko fell back into the MEWP’s basket.
Due to the incident, Patek sustained serious injuries to his back, head, and torso, leading to a two-month hospitalization and more than two years away from work.
Conversely, Tyrko suffered an amputation of his leg, rendering him wheelchair-bound as he continues to await a prosthesis. He also endured a fractured skull and has a piece of metal lodged in his elbow, significantly impacting his daily life.
The food and drink sector commonly uses anaerobic digestion to generate energy, which raises critical safety considerations.
Investigation Leads to £300k Fine
Following a joint investigation by the Health and Safety Executive (HSE) and the Environment Agency, it was determined that Bio Dynamic had neglected its duty to ensure the safety and health of its employees and those nearby.
The company had improperly managed waste, posing a significant threat to the environment. Furthermore, the explosion resulted from multiple failures within the company’s management system, compounded by serious breaches of its environmental permit.
During a hearing at Nottingham Crown Court on 22 November 2024, the firm pleaded guilty to violating Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974, as well as breaching regulation 38(2) of the Environmental Permitting (England & Wales) Regulations 2016 (EPR) and s.33(1)(c) of the Environmental Protection Act 1990 (EPA).
As a result, Bio Dynamic was penalized with a fine of £304,500 and ordered to cover costs of £229,988.
After the hearing, HSE inspector Richenda Dixon remarked: “It’s remarkable that Robert and Tomasz weren’t killed.”
“This incident resulted from fundamental and multiple failings by the company to properly manage its health and safety risks.”
“These included failing to ensure that the design, installation and use of the tanks were safe; failing to carry out risk assessments; failing to put in place a safe system of work; and failing to train and supervise employees.”
Senior environmental crime officer Iain Regan commented: “Sites that receive, treat, or dispose of waste must be permitted to minimize risks to the environment and human health. Incidents like the explosion at Bio Dynamic underscore the necessity of strict compliance with environmental permit conditions and serious adherence to environmental responsibilities.”
“The consequences of the company’s failure to comply with its environmental permit could have been fatal. As it stands, two employees have been left with life-changing physical and mental injuries that continue to affect their lives seven years after this incident.”
