Concrete company fined $80,000 after man almost dies

Tegra Australia, a concrete manufacturing business that provides premix concrete and materials to construction sites throughout NSW, has been fined $80,000 and ordered to pay WorkCover’s legal costs after a 29-year-old employee almost died when he inhaled toxic fumes.

The incident occurred at the company’s concrete manufacturing plant at Tumut, west of Canberra at the foot of the Snowy Mountains. In the early hours of 12 November 2009, the employee was working under concrete premix storage silos when a large amount of cement powder was accidentally released.

The man was almost killed when he inhaled the cement powder, which has permanently reduced his lung capacity to 35%. No mask or other breathing equipment was being used at the time.

The man has had serious health complications since the incident, including a heart attack, and is still unable to return to work.

A WorkCover investigation found that an accidental release of cement was foreseeable and should have been planned for, including requiring all employees to wear face masks while on site. The company had also failed to provide appropriate supervision, skills and training on what to do in the case of this type of emergency.

Tegra was charged with breaches of the Occupational Health and Safety Act 2000. The company pleaded guilty and was fined $80,000 and legal costs by the Industrial Court of NSW.

WorkCover NSW General Manager John Watson said the company’s failings were serious.

“Companies must maintain a high level of safety in everyday activities,” he said.

“Working with heavy machinery in manufacturing plants like these can be dangerous. Mandating and supervising the wearing of face masks is a well-known and practical way to improving safety.

“People need to also be trained in how to properly respond to an emergency.

“There was a clear lack of instruction and training in this instance. Had there been better instruction and training the consequences might not have seen so severe.

“WorkCover will work with the company to ensure that the same mistakes are not made in the future,” Watson said.