Prosecution Details

(1) Failed to provide and maintain a working environment in which employees are not exposed to hazards by providing a safe system of work.

(2) Failed to provide such instruction and supervision to an employee as was necessary to enable him to perform work in such a manner that he was not exposed to hazards.

(3) Failed to provide its employees with such adequate personal protective clothing and equipment as was practicable to protect those employees against those hazards.

On 24 November 1995 the injured employee and the leading hand were to manufacture road-marking paint. The leading hand poured approximately 57 litres of shell X3B recycled solvent from a 200 litre drum into 3 x 20L buckets and requested the employee to pour the solvent into a 1000 litre mixing pot as the first ingredient to prepare another pot of paint. The employee picked up the pot from the stand with a diesel forklift and placed it near the 3 buckets. He emptied the first bucket of solvent into the pot and was in the process of pouring the second in when solvent spilled onto the front of his overalls. He placed the bucket down and was walking around the forklift to the washroom when his overalls ignited. He sustained severe burns.