Walkers crisps fined £200k after worker dies in toxic cloud

Walkers Snack Foods Ltd and chemical distributor Omnichem Ltd have been fined a total of £350,000 after a worker was killed by a cloud of toxic gas.

John Marriott, 59, of Scalford, near Melton Mowbray, was working for Omnichem on 19 July 2006 when he was seriously affected by green chlorine dioxide fumes.

The Health and Safety Executive, which brought the prosecution, told Leicester Crown Court that Mr Marriott was driving a lorry containing four steel tanks, two with sodium chlorite and two containing hydrochloric acid, to the Walkers' site in Beaumont Leys, Leicester.

Both chemicals are used by Walkers' to turn waste starch into food-grade for snacks. Mr Marriott inadvertently mixed up the hoses on the tanks while transferring the two chemicals from the lorry, causing them to produce green fumes of chlorine dioxide.

"This incident was entirely preventable,"said HSE inspector Sue Thompson.

"Basic risk assessments and clear procedures could have avoided Mr Marriott's tragic death but as it was there were a catalogue of serious failings.

"Employees who had tried to help Mr Marriott did not know the type of operation that was being carried out, nor the nature of the gas being released. They had no appropriate training and they had no idea what to do.

"It took about an hour after the appearance of the gas cloud for Walkers to realise the gravity of matters, and to get employees out of the area. Walkers had no planned evacuation procedure for a chemical emergency at this location, which was a major failing.

"There were insufficient written procedures for deliveries of chemicals and for the receipt of chemicals, and the tanks were also insufficiently labelled."

Walkers Snack Foods Ltd pleaded guilty to Health and Safety offences and was fined £200,000 plus £39,000 costs. Omnichem Ltd admitted the same charges and was fined £150,000 and ordered to pay £29,229 costs.

Mr Marriott and a Walkers' employee who tried to help were taken to Leicester Royal Infirmary. The Walkers' employee was in hospital for 30 hours, with breathing difficulties, but later recovered. Mr Marriott's condition gradually deteriorated, and he died from the effects of the gas a month later on 17 August 2006.