Scotland's Crown Court Office have today confirmed that ICL Plastics and ICL Tech will face prosecution under the Health and Safety at Work Act (HSWA), following an explosion with subsequent deaths of 9 workers plus 40 injuries at their Glasgow plastics factory in May 2004.
The decision to prosecute follows a joint report from the Health and Safety Executive (HSE), Strathclyde Police and The Procurator Fiscal of Glasgow.
ICL Plastics and ICL Tech are to face allegations such as the following:
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Failing to maintain pipes carrying hazardous gas or gases.
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Failing to ensure the safety of staff.
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Failing to carry out "suitable and sufficient" risk assessment.
A spokesman, commenting on the submission of the investigation report, said:
"A detailed initial report of the investigation was submitted to Crown Counsel in May 2005.
"Crown Counsel subsequently instructed a number of further, specific investigations before reaching the decision to prosecute."Survivors, next of kin, and others directly affected by the explosion have been informed of this decision, and will continue to be kept informed by the procurator fiscal."
Spokesman for the Crown Office said:
"It is a matter of public record that the lord advocate has made it clear that there will be an inquiry, in public, into the circumstances and causes of this explosion.
"In order to avoid any possible prejudice to criminal proceedings, an inquiry can only happen once these proceedings are concluded."
Lorna Downie, wife of ICL Plastics Chairman, Campbell Downie, said:
"I just can't believe it. I'm just too upset to comment."
Article by Alexandra Johnston