Prosecution Details

Being an employer, failed so far as was practicable to provide and maintain a working environment in which its employee, was not exposed to a hazard and in particular failed to provide and maintain a system of work such that, so far as was practicable, that employee was not exposed to a hazard.

A worker was dispensing 98% concentrated sulphuric acid into an oil/water splitting tank when it spilt and burnt his face, shoulder, arm and back.

The picture shows the catwalk on which the worker was working and the tank to the left that he was dispensing the acid into. As the open bucket was being lifted over the handrail the bottom portion of the bucket clipped the handrail and spilt its contents.

Adequate personal protective clothing was not being worn at the time of the accident.

His Worship, Mr I G Brown SM, when considering the penalty referred to the six previous decisions made under this provision since 1 October 1995 that also attracted a maximum penalty of $200,000. His WorshipÆs decision took account of the companyÆs previous good record and that they did not have any prior conviction.

His WorshipÆs initial conclusion was that a penalty of 10% of the prescribed maximum was appropriate but this was further adjusted following consideration of the companyÆs ability to pay. Hence a penalty of $13,000 was imposed.

The defendant pleaded not guilty. The penalty was imposed under section 19(7).

convicted