the company that operates Northampton’s Carlsberg brewery has been fined £ 3 million for an ammonia leak that killed one worker and seriously injured another.
David Chandler, 45, died after an “explosive release” of gas, which required about 20 other treatments, at the site in November 2016.
Birmingham Crown Court has been informed that Mr. Chandler’s colleague David Beak sustained burns to his lungs and throat and was admitted to intensive care after the leak, which took six days to contain, in a refrigeration plant.
Northampton-based Carlsberg Supply Company UK Ltd, now called CMBC Supply Ltd, pleaded guilty in Birmingham Magistrate’s Court in March 2020 to three breaches of health and safety laws.
If appropriate isolations were in place … the incident would not have occurred
Judge Picken of the Supreme Court on Tuesday handed down a sentence, saying: “Carlsberg acknowledges these shortcomings, specifically a failure to ensure the health and safety, as far as was reasonably practicable, of employees as well as non-employees.
“In this case, the significant risk – the possibility of damage – to which employees and non-employees were exposed was the risk to health and safety of the possible escape of ammonia.
“A large number of people have been exposed to that risk. If appropriate isolations were in place … the incident would not have taken place. ”
The judge, who also made a cost order of £ 90,000, added: “It is not in dispute that this is a case where the level of debt should be properly considered high.”
But the judge said the company had taken steps to rectify shortcomings, showed a high level of co-operation and “not only has no previous convictions but has a positive good health and safety record” on the ground.
Mr Chandler, from Bridgnorth, Shropshire, had two daughters who are now 11 and seven years old.
At the beginning of his sentencing, the judge said he had the opportunity to make “very moving” victim impact statements by Mr. Chandler’s wife, Laura, his sister, Alison Bennett, as well as the statement of Mr. Beak, to consider.
“I want to pay tribute to each of them for the dignity they showed by saying what they said,” the judge said.
All corrective measures have since been taken and lessons learned. As a company, we will continue to put health and safety at the forefront of how we work
In her statement to the court, Mrs Chandler said she and her daughters missed Mr Chandler every day and “every proud moment or milestone” now has “a gap that no one can fill”.
Mr. Chandler’s father “never recovered” from his son’s death and died about a year later, the court was told.
Mr Justice Picken added: “I take this into account when deciding on the appropriate sentence in this case. By doing so, I am well aware that no sentence can bring Mr Chandler back. “
In a statement issued after the sentencing, Paul Davies, CEO of Carlsberg Supply Company UK Ltd, said: “We deplore the tragic incident that took place at our Northampton Brewery in November 2016 and led to the death of David Chandler and injury to David Bek.
“To this day, our thoughts remain with the families, friends and colleagues of those involved.
“We strive to achieve and maintain the highest standards of health and safety management for our employees. By pleading guilty to the charges and much earlier acceptance of responsibility, we acknowledge that we have not met these high standards on this occasion.
“All corrective measures have since been taken and lessons learned. As a company, we will continue to put health and safety at the forefront of how we work. ”