Updated: Failings' led to Sellafield worker's life-changing injuries

As he imposed the huge fine, along with prosecution costs of £29,000, District Judge John Temperley said that the accident which led to the firm’s prosecution had a “huge impact” on the worker involved.

Maintenance fitter Peter Snow, 59, was injured after he had carried out repair work on a pipe that was leaking nitric acid, used at the Magnox Reprocessing section to dissolve spent nuclear fuel rods.

It was on October 12, 2021, as Mr Snow tried to clamber down a ladder next to the scaffolding structure while carrying a 20kg hydraulic clamp, and wearing a airtight safety suit, that he fell.

One of the suits worn by the workers. (Image: Supplied)

Plummeting from a height of some nine feet, he hit a concrete girder and then the ground. He suffered multiple fractures to his spine.

In January 2022, he was still suffering significant pain, and dependant on pain killers and unable get to sleep until 2am.

Still walking on crutches, he was at Carlisle’s Rickergate Magistrates’ Court today to see Sellafield Ltd plead guilty to an offence of failing to ensure the health and safety of its employees, including Mr Snow.

A statement from his colleague described the difficulty the two workers had in reaching the site of dthe leaking pipe. “The ladder was moving, as soon as you put one foot on the ladder it moves because it was on a metal floor," said the worker.

"The bottom swayed a little bit.

"The ladder is maybe a foot wide and because you’ve got a Windscale suit on it’s a bit awkward shall we say.

"The steps themselves with them being metal they felt a bit slippy. They did have grooves in but they felt slippy. In a Windscale suit you’ve got four pairs of gloves on and wellies that are too big for you and cover shoes that aren’t very grippy...

"“The floor was still slippery and having acid on us made it more slippery. I did notice coming down the ladder that the steps felt more slippery so our boots must have had more acid on them than we thought.”

Prosecutor Craig Morris said there was a “failure to identify a person as being in overall control” of risk management for the repair, “together with fundamental failures of planning, organisation and risk assessment” over a period of months.

The lawyer said: “Whilst the defendant identified on paper nominal systems that were not adhered to it would be a generous description to class this case as simply one in which ‘systems were in place which were not sufficiently adhered to.’

“This is not a case in which one or two individuals failed to observe a clearly understood and enforced safe system of work.

“This is rather a case in which the defendant failed to manage health and safety matters in relation to this project over some time and where multiple failings are present.”

Tim Hill, for Sellafield, began his mitigation by offering an “unreserved apology” to Mr Snow. The lawyer did not accept the prosecution claim that efforts to manage the risk involved in the pipe repair were “chaotic.”

The scene of the incident. (Image: Supplied)

Not involving a risk planner just before the work went ahead was an “oversight,” said Mr Hill. “It was not an attempt to circumnavigate any systems," he said. 

“The issue was one of access and egress from the site and the need to carry a 20kg clamp was not considered.” He added that Sellafield had completed a self-critical investigation of the accident and taken corrective actions.

He added: “Systems were in place but they were not properly applied on this occasion. This is not a systematic failure.”

As he passed sentence, District Judge John Temperley accepted that submission, saying: “Systems were in place but they were not sufficiently adhered to... No one person was in charge of the risk assessment.

The UK’s independent nuclear regulator is the Office for Nuclear Regulation.

Paul Dicks, its director of regulation - Sellafield, Decommissioning Fuel and Waste, said: "We welcome today’s outcome which recognises that Sellafield Ltd fell short in its duty to protect a worker.

"This accident was entirely avoidable. Nobody should go to work and not come home in a fit and healthy state.

"A thorough investigation by the Office for Nuclear Regulation identified multiple and significant failings by Sellafield Ltd during a prolonged period.”

"There was a failure to adequately plan, organise and deliver this task to repair a leaking pipe. The risks were not adequately controlled and there were failures in the risk assessment.

"We concluded that there were several missed opportunities that could have prevented this accident occurring.”

ONR's investigation revealed a series of significant failings to provide a safe system of work. It was found how the proposed repair method was repeatedly changed and the potential risks to workers were not suitably considered.

There was also a failure to properly consider how workers could carry a 20kg hydraulic clamp up and down a scaffolding while wearing the additional and bulky clothing needed to enter the chamber.

Mr Dicks added: “Sellafield Ltd co-operated fully with the Office for Nuclear Regulation during this investigation and we welcome their prompt guilty plea.

“The safety of workers at nuclear facilities remains paramount, and as an independent regulator, we want to see continuing improvements in conventional health and safety on the site.

"Through our inspectors’ regular scrutiny, we will continue to hold the UK nuclear industry to account in order to protect workers and the public.”