Energy giant Total fined £1.4m for ‘entirely avoidable’ fatal accident

Robert Greenacre was killed when he and a colleague mistakenly opened the wrong flange during maintenance work at Lindsey Oil Refinery in June 2010.

The court heard that it led to the release of 10 to 15 tonnes of crude oil, at a temperature of 264 degrees centigrade, which struck Mr Greenacre and then ignited.

While his colleague, Richard Quickfall managed to escape with minor burns, Mr Greenacre died from inhalation of combustible products.

His devastated parents Lou and Shaun Greenacre were in court yesterday to hear Mrs Justice McGowan sentence Total, who pleaded guilty to breaching the Control of Major Accidents Hazards Regulations of 1999.

The Judge said Total’s failings - five years after the Buncefield oil depot explosion - were “substantial, obvious and avoidable.”

A witness impact statement from Mrs Greenacre said they were still living with the “shock, horror and devastation” of their son’s death.

She suffered nightmares and woke every couple of hours with palpitations; they no longer celebrated Christmas.

Stephen Uttley, prosecuting, said: “Nothing has changed since the accident; both feel as if life has stood still.

“They feel they have a life sentence with no future to look forward to.”

Mrs Justice McGowan said Total accepted that they fell below acceptable standards by some margins and their failings had “created an entirely avoidable danger.”

One failure was not replacing a flat metal plate the size of a saucer which would have prevented the discharge of hot oil.

Certificates found in Mr Quickfall’s pocket showed that the risk of steam escaping had been flagged up, but not hot oil.

“Implementing a safe system was not difficult and would not have placed too onerous a burden on the defendant,” she said.

The company had paid a civil claim in full, as well as picking up the cost of the investigation and court costs of £34,000.

Defending Stephen Hockman QC said the company’s finances were “not robust”. Earlier this year it was announced that it was making 180 staff redundant, a third of staff, in a bid to ensure its long-term future.

He said: “The penalty will have a very direct impact on the operation as a whole and every single person who works within it.”

He said the company was “very sorry indeed” and extended their condolences to Mr Greenacre’s family.

“I wish of offer words of apology and sympathy on the company’s behalf,” he told the court.

He said they had co-operated fully with the authorities and that the mistakes “were not a result of a failure of attention on anyone’s part” but “examples of isolated failures” which carried serious consequences.

“They were human errors but not errors resulting from a lack of system requirements,” he said.

Total was fined £3.6m with £2.6m costs in 2010 for their part in the Buncefield oil depot explosion in 2005.