£350,000 for a Tank Failure Their Own Inspection Flagged in 2013: What This Verdict Says If Your Employer Ignored a Known Workplace Risk

Home > £350,000 for a Tank Failure Their Own Inspection Flagged in 2013: What This Verdict Says If Your Employer Ignored a Known Workplace Riskpost>

£350,000 for a Tank Failure Their Own Inspection Flagged in 2013: What This Verdict Says If Your Employer Ignored a Known Workplace Risk

Rated Excellent · 250 Google Reviews · No Win No Fee · 0800 652 0586

By David Healey, Senior Solicitor · May 2026 · Accidents at Work

 

Quick Answer

Can I claim if my employer knew about a workplace risk and didn’t fix it?

A workplace injury claim can succeed when an employer knew about a risk and failed to act on it. The Peterhead tank verdict is the most public version of a much more ordinary evidence pattern.

An HSE conviction is not required to bring a civil claim. The civil duty under common law and the Health and Safety at Work etc. Act 1974 stands on its own evidence.

The “knew about it” evidence is usually less dramatic than a decade-old inspection report. A near-miss log, a maintenance ticket, a previous RIDDOR notification, or a hazard report can carry the same legal weight.

Claims must be brought within three years of the injury under the Limitation Act 1980. Carter & Carter Solicitors handles workplace injury claims of this kind in England and Wales on a No Win No Fee basis.

On the morning of 21 June 2023, at an offshore supply base in Peterhead, a 700-tonne steel tank split along a bolted seam. A 62-year-old contractor surveying the tanks was swept across the yard along with a 12.5-tonne cherry picker. He sustained life-changing injuries.

 

At Peterhead Sheriff Court on 13 May 2026, the operator was fined £350,000. The case was prosecuted in Scotland, but the legal framework under the Health and Safety at Work etc. Act 1974 applies equally in England and Wales. The HSE inspector described the failure as completely preventable: corrosion had been identified in an inspection report ten years earlier, and no remedial work had been carried out.

 

This is the most public version of a pattern that runs through workplace injury claims every week: an employer who knew about a risk, on paper, and did nothing. The engineering is dramatic. The legal point is ordinary. The same doctrine decides cases involving forklifts, ladders, fume cupboards, and pallet stacks.

So What Actually Went Wrong at the Tank?

The tank was a bolted steel cylinder more than thirty years old. On the morning of 21 June 2023, staff filled it to capacity to clear space at the company’s Aberdeen site. Less than thirty minutes after the final load was pumped in, the tank ruptured halfway up its shell, splitting vertically along a bolted seam.

 

HSE’s investigation lays out the structural cause. Approximately 4.5mm of the original 5.5mm steel plate had been lost to external corrosion over the tank’s working life. The protective coating had failed, allowing external corrosion to progress. The density of calcium chloride brine (more than one third denser than water) added load the corroded plate could no longer carry.

The Tank By the Numbers
30+ yearsAge of the tank at the time of failure
~480,776 litresCalcium chloride solution it held, weighing around 700 tonnes
4.5mm of 5.5mmSteel plate lost to corrosion, leaving 1mm of steel
2013Year an inspection identified the corrosion in writing
Six-monthlySeam and bolt checks the manufacturer’s manual required
< 30 minutesTime from final load to rupture on the day of the incident

Source: HSE Media Centre press release, 14 May 2026.

The decisive document is the 2013 inspection. HSE found that it had already flagged extensive corrosion on the lower section of the tank and at the bolted connections. No remedial work followed. The company was unable to produce evidence of any consistent inspection regime in the years between the 2013 inspection and the 2023 rupture. Filling the tank to capacity on the morning of 21 June 2023 was a conscious operational decision.

 

HSE concluded that the failure was “wholly foreseeable and preventable.” After the incident, the company removed all bolted tanks from its sites and closed its Peterhead operation entirely.

Insider Tip · The Document That Wins More Claims Than People Think

Where the question in a workplace injury claim is whether the employer knew, the single most valuable piece of evidence is usually a maintenance log or hazard register that pre-dates the injury. Workers rarely think to ask for it. Solicitors rarely see it on the first request. But it is almost always on file somewhere: in a facilities folder, a supervisor’s office, a contractor’s records, or a third-party inspection company’s archive. The legal duty to disclose it survives most attempts to lose it. If a risk had been flagged before the injury, the maintenance log is the place to start.

Why £350,000? The Two Sections of Law That Did the Work

The company pleaded guilty to breaches under two sections of the Health and Safety at Work etc. Act 1974. The first was section 3(1), which puts a duty on every employer to conduct its undertaking in such a way that people who are not its employees, including visitors, contractors, and members of the public, are not exposed to risks to their health or safety. The second was section 33(1)(a), which makes failure to discharge that duty a criminal offence.

 

The £350,000 fine reflects the sentencing court’s view of both culpability and harm. Culpability was high. The risk had been identified in writing a decade before the rupture and no remedial action had followed. Harm was at the upper end: life-changing injuries.

 

Two things matter for anyone reading this who has been hurt at work. First, section 3(1) is the section that reached the self-employed contractor injured at Peterhead. The duty travels with the premises and the undertaking, not with the employment contract. Second, the criminal verdict and the civil claim run on parallel tracks. The same facts can support both, but a civil claim does not need a criminal conviction to succeed. The documentary evidence that the employer knew about the risk and failed to act is what carries the case.

“What people miss about cases like Peterhead is that the £350,000 fine is the criminal outcome. The civil claim runs on the same evidence but does not need a conviction to succeed. The documentary trail that the employer knew about the risk does the work in both courts.”

— David Healey, Senior Solicitor, Carter & Carter

What This Verdict Means If Your Employer Knew About the Risk That Hurt You

The Peterhead case is the cleanest example you’ll see in a generation. The evidence sat in the company’s own filing cabinet for ten years. Most workplace injury claims that turn on “the employer knew” look nothing like this on the surface. The evidence pattern is usually shorter, more recent, and more ordinary.

 

In the everyday version, the worker injured by a known risk had been raising the issue informally for weeks. A colleague had reported a near-miss. The accident book has an earlier entry from a different worker on the same machine. The risk assessment on file is generic and does not address the specific task being done. A maintenance manual sat unread on a supervisor’s desk. The same forklift had been flagged as wobbly in two consecutive checks.

 

All of these are documentary trails. The doctrine does not need a dramatic warning ignored for a decade. It needs proof of two things: the risk was known to the employer (or should reasonably have been known on the evidence the employer had), and no reasonable step was taken to remove or reduce it. The “should reasonably have been known” part is what lawyers call constructive knowledge. In a civil claim it carries the same weight as what the employer actually knew.

Our Fees, Published
10%When the claim is settled without court proceedings, which applies to approximately 99% of claims handled by the firm.
25%Only if court proceedings become necessary. The firm’s starting position is always to settle.

What Evidence Actually Wins These Claims, and Where to Start If You’re Carrying an Injury

The same five steps apply whether the case is a 700-tonne tank or a wobbly stepladder. Each one is about pinning the documentary trail down before it disappears.

1
Preserve the paper trail.
Take photographs of warning signs, hazard logs, maintenance tickets, near-miss reports, accident-book entries, and training records. Anything that documents the risk being known. Memory fades; paper records get filed away.

2
Get the injury formally reported.
Employers must report serious workplace injuries to HSE under RIDDOR. A RIDDOR record establishes a date, a description of the incident, and an official chain of custody for the evidence.

3
Get the medical records.
GP notes, A&E discharge summaries, occupational health reports, and physiotherapy notes all document the injury and its impact. These records do double duty as medical evidence and as a timeline anchor.

4
Note the three-year time limit.
Workplace injury claims must be brought within three years of the date of injury under the Limitation Act 1980. Some exceptions apply where the injury has a delayed onset, but three years is the default position.

5
Speak to a specialist solicitor early.
The earlier the evidence is preserved, the stronger the case becomes. A specialist personal injury firm can write the disclosure letters that protect the maintenance logs, accident books, and inspection records before they go missing.

“In every workplace injury claim where ‘the employer knew’ is the question, the answer is in the paperwork. Maintenance tickets, accident-book entries, RIDDOR reports, risk assessments. The earlier these are preserved, the stronger the case becomes.”

— David Healey, Senior Solicitor, Carter & Carter

What Kind of Workplace Injury Are You Carrying?

If the scenario above doesn’t quite match yours, here are the specific accident-at-work claim types Carter & Carter handles.

Related Guides

Hurt at Work?

A specialist conversation costs nothing and commits to nothing.

If a risk had been flagged at your workplace before you were hurt, the documentary trail probably still exists. Carter & Carter has handled workplace injury claims for over thirty years on a No Win No Fee basis. The firm can write the disclosure letters that protect the evidence while you focus on recovery.

Call 0800 652 0586

About the Author

David Healey is a Senior Solicitor at Carter & Carter Solicitors in Whaley Bridge, Derbyshire. Qualified in 2005, David has spent over 21 years helping people injured at work and in public places. Accident at work claims are one of the firm’s four specialist practice areas. Carter & Carter is one of very few firms in England and Wales to publish its fee structure upfront and to handle every claim personally at senior solicitor level from start to finish. Read more about Carter & Carter.

Back
Next