ABSTRACT

The appellants, Associated Octel Co Ltd (‘Octel’), operate a large chemical plant at Ellesmere Port. On 25 June 1990 there was an accident at the chlorine works. The plant was shut down for its annual maintenance and a small firm of specialist contractors called Resin Glass Products (‘RGP’) were engaged in repairing the lining of a tank. Mr Cuthbert, an employee of RGP, was working in the tank by the light of an electric light bulb attached to a lead. After grinding the damaged area of the lining he had to clean it down with acetone before applying a fibreglass matting patch with resin. He had his supply of acetone in an old paint bucket which he had found in a refuse bin. While he was applying the acetone with a brush, the light bulb broke. Some of the liquid had probably dripped onto it. Acetone is volatile and gives off highly inflammable vapour. As Mr Cuthbert was using an open bucket, there was a good deal of vapour in the tank. The broken bulb caused a flash fire in which Mr Cuthbert was badly burned.