Recycling company convicted and fined $35,000 after explosion injures six

The company was sentenced in the Shepparton Magistrates’ Court on Thursday 20 March after pleading guilty to one charge under the Occupational Health and Safety Act and another under the Dangerous Goods Act. It received a $30,000 fine for failing to provide a safe system of work and a $5,000 fine for failing to instruct workers about the hazards and properties of dangerous goods. It was also ordered to pay $5,292 in costs.

Rose and Co Services used a shredder to break down recyclable items, including aerosol cans containing substances classified as Class 2.1 Dangerous Goods. The court heard that the machine was shredding aerosol cans in May 2023 when an explosion injured six workers. Prosecutors told the court that flames travelled up to 18 metres from the machine before workers extinguished the fire.

One worker, who was removing scrap metal from beneath the shredder, suffered severe burns to his back and arms. Another worker on a forklift beside the machine suffered severe burns to his face and upper body. Both were airlifted to the Alfred Hospital's Burns Unit, while four other workers needed hospital treatment for superficial burns.

WorkSafe investigators found that nearly all the cans on the conveyor feeding the shredder remained pressurised, including some carrying an “empty to recycle” warning. Bulk containers stacked near the machine had also restricted ventilation.

The investigation found that a hazard and risk register had recognised the risk of fire in the shredder, and employees provided evidence of earlier fires. A Country Fire Authority audit had also recommended training all employees in the storage and handling of dangerous goods.

Reasonably practicable measures to reduce the explosion risk included emptying or puncturing aerosols before shredding, providing ventilation such as fans during operation, and keeping bulk containers from restricting airflow around the machine. The court also heard that the shredder operator had not received instructions about the hazards and properties of dangerous goods, including aerosols.

WorkSafe Executive Director of Health and Safety Sam Jenkin described the incident as a significant departure from the employer's duty of care to its workers. "It's unacceptable that workers who were regularly handling dangerous goods had not been given appropriate training, and that previous fires and identified hazards had not been addressed."

Employers whose workers handle or store dangerous goods must provide induction, information and training. WorkSafe's release also directed employers working with dangerous goods to its Code of practice for the storage and handling of dangerous goods.

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