Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
NONFERRAL PTY LTD
Date of offences: 2 and 8 February 2005
Date of prosecution:
Magistrate:
Plea:
19 December 2005 at Broadmeadows Magistrates’ Court
His Honour Magistrate Betts
Guilty
WorkSafe inspectors had attended the Keon Park premises of Nonferral Pty Ltd on numerous
occasions to deal with the ongoing problem of moisture contamination, largely due to two defects:
failure to provide safe plant and systems of work to control moisture in furnace tools and metal
scrap placed in furnaces; and failure to adequately repair and maintain the roof of both the copper
and aluminium departments. There were two previous explosions at the work site on 24 June 2004
and 4 November 2004.
On 2 February 2005, two WorkSafe inspectors attended the copper department of the Nonferral Pty
Ltd smelter production facility and observed water entering a storage box that contained tools used
in the furnaces. The box and the tools it contained were wet to touch and the tools were standing in
pools of water. A prohibition notice was issued to prevent use of the tool storage box.
One of the inspectors observed in the aluminium area, storage bins of aluminium scrap and swarf
- apparently ready for loading into operational furnaces - that had water on them. It was raining at
the time and water was observed coming through the roof of the aluminium department in an area
apparently assigned for the storage of scrap awaiting immediate placement in the furnace.
Previous inspections had revealed holes in the roof, namely on 6 August 2004, 4 October 2004 and
29 October 2004.
On 8 February 2005, the inspectors returned to the premises and observed in the casting area of the
aluminium department water contamination of metal sheets above channels through which molten
metal was to flow and above the metal ingot conveyor line. Nonferral’s management then directed
that all work cease on the aluminium casting machine and casting area. One of the inspectors went
to the copper and aluminium departments and noted that the problems of water contamination of
furnace tools and scrap metal observed on 2 February 2005 had not been controlled.
On 2 June 2005, there was another incident when moisture contaminated swarf was added to a
furnace. Again material was ejected from the furnace. Later testing of the swarf revealed a 13%
volatile component (oil and water).
Breach: Sections 21(1) & (2)(a) (two charges) of the Occupational Health and Safety Act 1985.
Result: Convicted and fined an aggregate sum of $80,000.
52 PROSECUTIONS 2005