“…all he had to rely on was a small open window, a basic mask and pot luck”

Following an investigation into work on properties across South West England between February 2006 and July 2009 a bath restoration company has been fined for a second time for safety failings. This time an employee died from inhaling toxic fumes in the bathroom of a South West London flat.

In the latest case, Southwark Crown Court heard that Colin Pocock, 55, was working for Multicrest Ltd, a franchisee of Renubath Services Ltd, on 16 June 2009. He was using an industrial paint and varnish remover to strip a resin coating from a bath at a housing association property in Eton Close, Wandsworth, when he was overcome by fumes..

The stripping agent contained dichloromethane, also known as methylene chloride, a carcinogenic toxic chemical. Fumes rapidly built up in the confined space and he died at the scene as a result of over exposure. His body was discovered by the occupant of the flat.

Southwark Crown Court heard that the Health & Safety Executive (HSE) investigated the death and found there was insufficient natural ventilation in the bathroom. Mr Pocock’s employer, Multicrest (now in liquidation), should have provided mechanical ventilation equipment to compensate.

HSE found written documentation from Multicrest stating that work of this nature should only be carried out in well ventilated areas, but no equipment was provided to employees. Managers were unaware of how work needed to be carried out in bathrooms and failed to provide adequate safe working arrangements.

Multicrest Ltd, of Hampton, Middlesex, was fined £25,000 and ordered to pay £56,286 in costs after pleading guilty to breaching Section 2(1) of the Health & Safety at Work etc Act 1974.

After the hearing, HSE inspector Steve Kirton said: "This is a shocking death resulting from totally inadequate ventilation in the enclosed bathroom space in which Colin Pocock had to operate.

"The risks associated with stripping agents containing dichloromethane are well known, yet he was exposed to lethal fumes with virtually no protection. Mechanical ventilation equipment is often a necessity, but all he had to rely on was a small open window, a basic mask and pot luck.

"Substances that create toxic fumes must only be used where the fumes cannot build up and affect people, and the work must be properly planned and supervised – none of which happened on this occasion."

Further information about working safely with hazardous chemicals, including dichloromethane, can be found online at the web address here.