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.

The injured person was cleaning cars using an unlabelled plastic spray, containing "Alum Clean". This substance is an acidic cleaner designed for cleaning and brightening aluminium and stainless steel. While in the process of screwing a lid onto the spray bottle some of the contents spilled entering the employee's left eye. She was not wearing protective eye equipment at the time and suffered a severe corneal burn to her left eye.

In considering the penalty to be imposed, His Worship inter alia - that, the injured employee suffered no permanent injury, and the defendant was only guilty of limited negligence. Under these circumstances a fine of $3000 was considered appropriate.

Note: Hydrofluoric acid has been a source of numerous injuries and the death to a worker on 28 October 1994 in Western Australia. Details of past alerts by WorkSafe WA on the use of this chemical can be found on the internet at: http://www.safetyline.wa.gov/slgroups.asp?igroupid=73

The defendant pleaded guilty.