Dangerous Substances Act 1979
Hillman v Astec Paints Australasia Pty Ltd [2012] SAIRC 12
22/3/12 ASTEC PAINTS AUSTRALASIA PTY LTD (ACN 120 962 245): was convicted and fined $42,500 plus costs after pleading guilty to breaches of s11 and s14. On 16 April 2007, an employee sustained burns to his face and left hand, and the factory was destroyed, from a fire that occurred while he was mixing Toluene, Xylene and Deglan to make a product known as Rivett.
The company:
- failed to ensure all plant and equipment in contact with Rivett liquid or vapours was properly earthed and/or bonded,
- failed to ensure the process of decanting Rivett from the mixing tank was not performed in the area in which flammable substances were stored,
- failed to install remote shutdown and/or turn off mechanisms for pumps and valves used in the process of decanting Rivett from the mixing tank, and
- kept a prescribed dangerous substance in premises when it was not the holder of a licence under the Dangerous Substances Act 1979.
1/2/08 TAREK EL HALABI: was convicted and fined $16,800 after pleading guilty to 13 breaches of r27(1)(a) and one breach of r36(4), in relation to the fitting of LPG gas systems to four vehicles.
Mr El Halabi failed to:
- ensure that gas fitting work was carried out in accordance with, and the installation and all associated equipment and fittings complied with, AS/NZ 1425:2003 LP Gas fuel systems for vehicles; and
- ensure that relevant work and all associated equipment and fittings complied with the requirements of r27(1) before giving a certificate of compliance.
29/11/02 WMC (Olympic Dam Corporation) Pty Ltd: was convicted and fined $80,000 plus costs for breaching S 11(a) of the Act. On 21 September 1999, two employees were carrying out modifications to a section of an acid pipeline, when sulphuric acid sprayed out from between two flanges of a tee piece and reducer of the section seriously injuring one of the workers.
