Company fined $210K after jerry can fire worker injury
As a result of a prosecution by SafeWork NSW, a company has been convicted and fined a total of $210,000 in the Industrial Court of NSW in proceedings that arose from an incident on 11 December 2023.
The incident involved a worker, collecting and analysing grain samples using a vacuum connected to a petrol-powered generator, who was attempting to refuel the generator by pouring petrol into it from a jerry can, which resulted in a fire.
The company pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011, with the offence relating to failure to comply with the duty to ensure the health and safety of workers as required under section 19(1) of the Act.
“Risk control measures when working with plant and fixed machinery are well known,” SafeWork NSW Commissioner Janet Schorer said. “SafeWork NSW reminds all businesses of their duty to ensure their workplaces are safe for employees and contractors.
“Having an awareness of and assessing risks, along with implementation of safe systems of work, is key to reducing risk and harm in workplaces,” Schorer added.
The full judgment can be found here, on the NSW Caselaw website. The company has the right to appeal against the sentence.
Resources to help business owners and workers manage the risks of working with plant, machinery and equipment can be found here, on the SafeWork NSW website.
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