Bio Dynamic (UK) Ltd, which produces electricity from food waste by anaerobic digestion, was fined more than £300,000 after the two employees suffered life-changing injuries as a result of the tank explosion.
On 20 September 2017, Tomasz Patek and Robert Tyrko were using a grinder to cut and replace pipework at the top of an 11m-high metal tank containing waste slurry.
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They were not using harnesses. Sparks from the grinder ignited flammable gasses causing the tank to explode.
‘I could not cope with the pain’
Patek was flung from the mobile elevating work platform (MEWP) and hit the ground in the slurry around the tank. He suffered serious injuries to his back, head and torso and was hospitalised for two months. His injuries were so severe that he was unable to work for more than two years.
Patek suffers from pre- and post-traumatic amnesia and has no specific recollection of the events. In a statement, he shared the psychological scars from the incident: “After the accident, I was unable to recover emotionally.
“I did not realise what had happened and was in deep shock. I could not cope with the pain – I could not accept an accident had happened to me.”
Tyrko was thrown into the air and landed back in the basket of the MEWP. Following the incident, his leg was amputated and he remains wheelchair-bound as treatment is still ongoing to receive a prosthesis. He also sustained a fractured skull and a piece of metal lodged in his elbow that continues to affect his daily life.
In his statement, Tyrko explained how the explosion has affected his day-to-day life. “This whole situation is having a huge impact on my relationship. I can’t help my wife in anything like I used to be able to,” he said.
“Also, my personality is explosive. I lose my patience very quickly. I attended appointments with a psychologist because I had nightmares that I was still having this accident.”
Joint investigation
A joint investigation by HSE and the Environment Agency found that Bio Dynamic (UK) Ltd had failed to ensure the health and safety of its employees and others nearby.
The company had kept and treated waste in a manner likely to cause pollution to the environment. The explosion was caused by multiple failures in the company’s management system, exacerbated by multiple breaches of its environmental permit.
At a hearing at Nottingham Crown Court on 22 November 2024, Bio Dynamic (UK) Limited, of Colwick Industrial Estate, Nottingham, pleaded guilty to breaches of the Health and Safety at Work etc. Act 1974, Environmental Permitting (England & Wales) Regulations 2016 (EPR), and s.33(1)(c) of the Environmental Protection Act 1990 (EPA).
The company was fined a total of £304,500 and ordered to pay £229,988 in costs.
After the hearing, HSE inspector Richenda Dixon said: “It’s remarkable that Robert and Tomasz weren’t killed.
“This incident resulted from fundamental and multiple failings by the company to properly manage its health and safety risks.
“These included failing to ensure that the design, installation and use of the tanks were safe; failing to carry out risk assessments; failing to put in place a safe system of work; and failing to train and supervise employees.”
