Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
HOERBIGER AUSTRALIA PTY LTD
Date of offence: 10 August 2004
Date of prosecution:
Magistrate:
Plea:
21 December 2005 at Dandenong Magistrates’ Court
His Honour Magistrate Alsop
Guilty
Hoerbiger Australia Pty Ltd manufactures internal parts for gas compressors at its Dandenong
premises. The manufacturing process includes the use of ‘lapping machines’ to polish metal
surfaces to give a high quality finish to the product.
On 10 August 2004, an explosion occurred in the lapping room which had two operational machines.
The small machine was lapping while the large machine was being cleaned by flushing it with a
solvent. There was additional solvent in an open wash rinse tank, a bucket and one or two other
open containers. Further, there were two 200 litre drums of solvent stored in the lapping room –
one full and the other nearly so. Normally these bulk quantities of solvent were stored at the back
of the factory, but Hoerbiger had additional plant on the premises because of a relocation of its
Sydney operations.
The explosion was attributed to the ignition of solvent vapour by the motor or switch of the small
lapping machine, the pump motor of which was not flameproof.
At the time of the incident, two employees were working 15 to 20 metres away from the lapping
room and a contractor was working on the mezzanine floor above the lapping room. The building
was substantially damaged. The lapping room and the mezzanine floor above it were largely
destroyed, two roller doors were damaged and two concrete tilt panels of the wall close to the
lapping room were forced out of alignment. The employees were each struck on the back of the
head and neck. One employee received 10 stitches and soft tissue injuries to his right shoulder
and neck. The other employee received three stitches to an injury on his head. Both men were
discharged from hospital the same day. The contractor inhaled chemical vapour and was treated
with oxygen therapy.
There were no written procedures for the use of solvents and employees had not been trained in
the use of solvents. Employees were unaware that the solvent was flammable. They believed that
they were using a safety solvent.
The Material Safety Data Sheets for chemicals at the factory were kept in the production manager’s
office, but he had not looked at them. Hazard identification or risk assessment for the use of the
solvents had not been conducted. A written procedure for the operation of the lapping machine
detailed the method for cleaning, but did not specify the type of solvents to be used. There was
improper storage of solvents; inadequate ventilation of the lapping room; ignition sources within
the lapping room were not properly controlled; there was no system of work for use of a safety
solvent with a high flashpoint; and there was a failure to provide adequate management procedures
for the purchase of materials in the workplace.
Breach: Sections 21(1) & (2)(a) and sections 21(1) & (2)(e) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $50,000.
PROSECUTIONS 2005
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