In February this year we reported on a drilling and blasting company whose failed trench blast incident saw a nearby resident injured, and properties and vehicles damaged. Van Dyke Pty Ltd was fined $6,000 by the Magistrates Court for their breach of s.45 of the Dangerous Goods Act.
The Director of Public Prosecutions appealed the sentence.
Despite developing a Blast Management Plan and a Safe Work Method Statement in preparation for a trench blast at the Wollert site in January 2023, Van Dyke had failed to prepare the blastholes in accordance with the plan, resulting in the blast failure.
It was found that Van Dyke employees, under direction of management, prepared too few blast holes and blast holes that were 30cm shorter than required to properly contain the blast. When the blasts were detonated debris was scattered up to 200m from the site, damaging neighbouring homes and vehicles, and striking one resident in the face. It was determined that the offending was serious, given the harm to the public.
In hearing the company’s appeal, the County Court noted that the applicable maximum penalty for the offence was approximately $94,000 and that the company’s breach was a moderately serious example of the offence. It was purely good fortune that the injuries sustained by the victim were not far more serious and the moral culpability of the Van Dyke was high.
The orders of the Magistrates Court were set aside and the County Court fined Van Dyke Pty Ltd $18,000.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria