Builders and winery fined over tank collapse

After investigating the catastrophic collapse of 15 fermentation tanks at the Wirra Wirra winery in SA, SafeWork SA prosecuted three companies for breaching sections of the Occupational Health, Safety and Welfare Act 1986, relating to the design, construction and erection of the tanks, and failing to ensure the safety of employees.

A&G Engineering designed and manufactured the 30 kL tanks, which were erected on site by local subsidiary A&G Engineering (SA), on behalf of client RG & RT Trott, which operated the winery.

The incident was described to the court as a ‘domino effect’ that happened in just 10-20 seconds. The court was told that seven people were at risk of harm in the collapse, with a young cellar-hand sustaining serious physical injuries. He still suffers ongoing psychological trauma and lifestyle impairment from his injuries.

SafeWork SA told the court of multiple safety shortcomings in the project by all three parties:

• No consideration that the foundation slab was able to support the new structure;
• No consideration to the footing requirements of the new tanks;
• Failure to obtain any professional engineering advice;
• Failure to provide load calculations and footing requirements;
• Unsuitable methods of anchoring the structure;
• Failure to use a licensed building works supervisor for the installation;
• Failure to pass on design information to the installers about the slab; and
• Failure to obtain development and building approval.

The court heard that the slab was subjected to forces five times greater than what it was designed to withstand.

Industrial Magistrate Lieschke described the two builders’ offenses as “extremely serious” stating: “… it appears there were no policies or procedures directed to ensuring their structures had adequate foundations. Furthermore it was their actual practice not to actively consider … the issue of the foundation of these structures …These offences put the lives and health of at least six men at grave risk and caused extremely serious injuries to one of them. They built a structure … without sufficient regard to the most basic and obvious issue of its safety …”

In light of their guilty pleas and cooperation with authorities, Magistrate Lieschke imposed convictions and fined A&G Engineering $135,000 and A&G Engineering (SA) $108,000. He also ordered the companies to publish an account of their offending in an “appropriate wine or beverage industry journal”.

Regarding the winery, the Magistrate said: “It had little regard for the structural stability of its newly erected workplace on which … it expected employees and contractors to work. For unexplained reasons it adopted an extremely casual approach to this project … the very poor assumptions … right up to Board level is surprising in the context of such a large addition of plant to the winery.”

He imposed a conviction and fined the winery $112,000 after a 20% discount for its guilty plea, contrition, cooperation and remedial action.

SafeWork SA Acting Executive Director Bryan Russell said: “There are serious lessons to be learned here by all parties that jointly undertake a complex construction project such as this. Extensive consultation and a clear understanding of the partners’ respective duties and responsibilities on safety is a must. What began as an oversight on the suitability of the foundations for the new tanks by all parties ended with the most catastrophic of outcomes. As these companies have found out, safety cannot be delegated away or treated as an optional extra, because the consequences can be tragic, disastrous and costly.”