WorkSafe Victoria v Lance Darren Robertson (2015)

Facts

On 26 March 2013 an explosion occurred at a mushroom-growing business while a room was being sterilised. The mushroom-growing process required sterilisation of the growing room through a process known as a ‘burn-out’. This involved heating the room for a period of time using an LP gas-powered direct-fired air heater. The contracted worker suffered serious burns as a result of the explosion.

An investigation found that the gas heater used was unsuitable for the following reasons:

• a safety sensor had been removed;
• an unsuitable supply hose and clamp were fitted; and
• the heater had not been maintained or serviced.

Judgment

The Court found there was a failure to identify:

• the potential for an explosive atmosphere;
• hazards introduced through modifications to equipment; or
• hazards created through a lack of equipment maintenance.

The business was fined $50,000 plus $15,106 in court costs.

Lessons

Businesses need to ensure that safe work procedures are put in place to identify and remove hazards.

Take the following steps to avoid a similar incident occurring in your workplace:

• identify all potentially hazardous situations;
• provide adequate instruction and training to workers;
• ensure that plant and equipment are adequately maintained; and
• avoid making modifications to plant and equipment.

Please note: Case law is reported as correct and current at time of publishing. Be aware that cases in lower courts may be appealed and decisions subsequently overturned.