Director fined $195,500 after doctor injured by hydrogen sulphide gas

The District Court of NSW convicted and fined Peter Fusarelli following a prosecution by SafeWork NSW. The case concerned an incident on 27 February 2022 involving scientific research and development company Myra Corporate Pty Ltd.

Mr Fusarelli was the company’s sole director at the time and had responsibility for its day-to-day administration and health and safety. A doctor sustained serious injuries after being exposed to hydrogen sulphide gas during a series of biogas experiments.

Mr Fusarelli pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011. The offence involved failing to meet his health and safety duty as an officer of Myra Corporate under section 27(1) of the Act.

Hydrogen sulphide is a highly toxic, flammable gas with no colour. At high concentrations, breathing it can cause unconsciousness after just one or two breaths and can be fatal within minutes.

Established controls for hazardous chemicals include adequate ventilation when working in confined spaces. Chemical exposure without appropriate controls can lead to serious injury, illness or death. Understanding and assessing risks, together with safe systems of work, is important in reducing chemical exposure incidents.

The full judgment is available on the NSW Caselaw website. Mr Fusarelli has a right to appeal his sentence.

Workers can raise workplace health and safety concerns anonymously with SafeWork NSW by calling 13 10 50 or using the Speak up Save lives website. Resources on managing hazardous chemical risks are also available to business owners and workers.

How Blue Safe can help: Our free WHS self-check can help you review your business’s approach to health and safety duties and identify areas that may need closer attention. Take the free WHS self-check