Prosecution Details

[1] Employer failed to provide and maintain a safe system of work, such that his employees were not exposed to hazards.

[2] Employer failed to cause the first aid box to be stocked with appropriate medical supplies, namely calcium gluconate gel.

On 10 July 1995 the (injured) employee, a trainee salespersons, was told to clean the wheels of the cars in the used car lot. This was not his usual duties. The employee was provided with a hand held spray bottle which contained the chemical known as "Hot Shot". Hot Shot is an aluminium brightener made up of 4.2% hydrofluoric acid and 7% sulphuric acid.

The employee was not provided with a material safety data sheet, nor told to dilute the chemical and was also not told that the chemical was hazardous. The employee used this product for six hours in which time his hands were exposed to the undiluted chemical which resulted in chemical burns to his hands as no personal protective equipment was provided.

Calcium gluconate gel was not available at the workplace and appropriate first aid was not provided.