WIREDGOV

An agency of the Ministry of Defence has been censured over safety failings that led to the death of a Government scientist.

On 21 February 11, the Health and Safety Executive (HSE) completed a Crown Censure with the Defence Science and Technology Laboratory (Dstl) following an investigation into an incident on 14 August 2002.

Dstl employees, including Terry Jupp, were carrying out classified tests on explosive compounds at Shoeburyness, an establishment owned by MOD and operated by QinetiQ Ltd, when a mixture ignited. Chemist Mr Jupp, 43, from Hatfield, Hertfordshire, suffered 85 per cent burns in the explosion and died a week later in hospital.

Dstl’s Chief Executive, Dr Frances Saunders, attended the Crown Censure meeting on Friday 18 February and accepted the findings on behalf of the agency and the MOD.

By accepting the censure, Dstl has formally acknowledged there were health and safety failings, such as inadequate or poorly followed risk assessments when the possibility of explosion or ignition were clearly foreseeable. Mr Jupp and colleagues were not protected by a screen or personal protective equipment. Inadequacies were also highlighted in dynamic risk assessment and communication issues were shown to have impeded safety procedures.

Dstl is part of the MOD and as such cannot face prosecution from the Health and Safety Executive in the same way as non-Government bodies. Crown Censures are agreed procedures applicable to crown employers, including the MOD, in lieu of HSE criminal proceedings.

Crown Censure Chair, HSE’s Susan MacKenzie said:

“Terry Jupp died needlessly. Even at the time of the incident, Dstl had well documented safety procedures, which, had they been followed fully, would have prevented or considerably reduced the severity of the incident.

“The evidence brought to light by HSE’s investigations would be sufficient to provide a realistic prospect of conviction of the MOD in civilian courts. This Crown Censure is the maximum enforcement action that HSE can take and should serve to illustrate how seriously we take the failings that led to the death of Mr Jupp.”

HSE has taken this enforcement decision now after considering all evidence, including that from the August 2010 inquest into Mr Jupp’s death. The Crown Censure proceedings relate to the discharge of duties as an employer, under Sections 2 and 3 of the Health and Safety at Work etc Act 1974.

The initial investigation into Mr Jupp’s death was led by the MOD Police acting in co-operation with HSE in line with agreed national protocols regarding workplace fatalities. The Crown Prosecution Service brought gross negligence manslaughter charges against two Dstl managers but both cases were dismissed before a trial, one in 2005 and one in 2007.

Notes to editors

· Dstl is based at Salisbury, Wiltshire and operates as a Trading Fund Agency as part of the MOD.

· A Crown Censure is the maximum enforcement action for a government body that HSE can bring. There is no financial penalty associated with Crown Censure, but once accepted is an official record of a failing to meet the standards set out in law. More information can be found here: http://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-enforcement.htm

· The Crown Censure meeting was held on Friday 18 February 2011, with the formal record being agreed by all parties on Tuesday 22 February 2011 – this completes the censure process.

Press enquiries: Clare Trenholm, 0151 951 4974, clare.trenholm@hse.gsi.gov.uk or out of hours duty press officer, 0151 922 1221.

Public enquiries: HSE’s Infoline, 0845 345 0055

Contacts