An employer entered into an ‘Enforceable Undertaking’ with WorkSafe, in lieu of prosecution over eight breaches of the Act in a case where a casual worker’s arm, neck and hair caught fire while they were cleaning a grill.
The casual employee, provided by an employment agency, was working at the Wye River General Store and Café. On 12 February 2022 they were cleaning the kitchen and went to the back room, where the cleaning supplies were kept, to grab the Grill Cleaner.
The employee grabbed what they thought was the Grill Cleaner and returned to the grill to commence cleaning. On applying the cleaner directly onto the grill, they noticed it bubbling and evaporating quickly. The employee then applied more of the cleaner to the grill. The grill ignited and the chemical bottle and the employee's arm caught fire. The canopy of the grill also ignited, as did the employee's neck and hair.
The employee ran to the sink to apply water to their burns. Another worker employed by Wye River picked up the chemical bottle and realised it was not Grill Cleaner but a bottle of methylated spirits. The two bottles were stored next to each other and looked very similar.
The burned worker was taken to hospital with 2nd and 3rd degree burns to their right hand and forearm. They have permanent scarring however have regained the full use of their hand.
WorkSafe initially charged Wye River Grocer with a total of eight offences under the OHS Act and Dangerous Goods Act, alleging it failed, so far as was reasonably practicable, to provide and maintain a healthy and safe working environment for its employees, or ensure other persons were not exposed to health and safety risks arising from the conduct of its undertaking. The other charges related to failing to have current Safety Data Sheets and failing to properly train and supervise the worker.
WorkSafe accepted an Enforceable Undertaking (EU) from Wye River, in lieu of prosecution. After the charges were laid, the employer committed to a number of major safety activities, such as putting staff through training, implementing arrangements for HSRs, regular safety audits and more, to a cost of approximately $530,000
Source: Wye River Grocer Pty Ltd and Dreyfus Pty Ltd enforceable undertaking WorkSafe Victoria; OHS Alert
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