A NELSON engineering firm has been ordered to pay almost £10,000 in fines and court costs following the death of one of its employees in a welding accident.

Graham Engineering Ltd, in Edward Street, Nelson, pleaded guilty to two counts of breaching health and safety regulations, between January 1 and February 10, 2000, and was fined £3,500 for each offence.

The prosecution by the Health and Safety Executive follows an investigation into the death of employee Christopher Nolan, 24, of Grindlestone Close, Colne.

Mr Nolan was found unconscious by a workmate at the bottom of a large nuclear waste container on February 10 after inhaling argon gas.

Magistrates at Reedley Court heard how employees at the company were allowed to carry out work on stainless steel waste boxes while argon gas was pumped inside backing plates without any risk assessment having been carried out.

Employees were also allowed to enter the waste boxes, which are two metres wide and 1.2 metres deep, to position the backing plates when it was reasonably practicable to achieve the same result without entering them.

The court was told this went against the Confined Spaces Regulations 1997.

Health and Safety inspector Alan Meyer said the effects of inhaling argon gas were extremely rapid.

He said: "Although the waste bin was open at the top, Christopher Nolan on entering the bin was effectively in a confined space."

He told the court that although the company had a formal risk assessment programme in place, there was not a specific risk assessment of argon gas.

Mr Meyer said: "Sufficient risk assessment would have indicated that due to the argon gas it was unsafe for employees to enter.

"Since the accident, the company have provided a specially designed rig to carry out operations with the bin turned upside down so there is no risk. This accident could have been avoided if the company had made a thorough assessment of the risk of argon gas."

Graham Engineering Ltd employs around 100 people and undertakes a large amount of work for British Nuclear Fuels Limited.

Anthony Howard, defending, said the company prided itself on being a good employer with a very good safety record. It was very mindful and regretful that such circumstances arose and took full responsibility.

He said: "It was their lack of appreciation that this operation fell under confined space regulations.

"They were not flouting the regulations or choosing to ignore them.

"Before this incident they thought they were doing everything possible and after learning they weren't they've taken steps to ensure no such accident happens again."

Mr Howard said there were mitigating facts such as Mr Nolan had not used a ladder and that in tests after the event the Health and Safety had endeavoured to create a hazardous situation and failed.

The company were ordered to pay £2,950 prosecution costs in addition to the fines.