Recycling Firm’s Fine Soars to $260k After Aerosol Explosion Appeal

Rose & Co Services Pty Ltd has had its penalties significantly increased on appeal, after a serious explosion at its recycling facility left six workers injured and exposed major shortcomings in its work health and safety practices.

In March 2025, the Shepparton Magistrates’ Court convicted the company and imposed fines totalling $35,000 following guilty pleas to one charge under the Occupational Health and Safety Act and one charge under the Dangerous Goods Act.

However, on 11 December, the Melbourne County Court set aside that sentence and re‑sentenced the company, convicting Rose & Co Services and ordering it to pay $220,000 for failing to provide a safe system of work and $40,000 for breaching the Dangerous Goods Regulations by not properly instructing workers on the nature, hazards and properties of dangerous goods at the workplace. The company was also ordered to pay $5,292 in costs.

The business recycled items including aerosol cans, the contents of which were classified as Class 2.1 Dangerous Goods. A shredder was used to cut the cans into smaller pieces as part of the recycling process.

In May 2023, while aerosol cans were being processed through the shredder, a violent explosion occurred. Six workers were injured, with two requiring airlifting to The Alfred Hospital Burns Unit. Flames from the blast travelled up to 18 metres from the shredder before workers were able to contain the fire using extinguishers.

One worker clearing scrap metal from beneath the shredder sustained severe burns to his back and arms. Another worker, operating a forklift adjacent to the shredder, suffered severe burns to his face and upper body. Four additional workers required hospital treatment for superficial burns.

WorkSafe Victoria’s investigation revealed that almost all aerosol cans on the conveyor leading into the shredder remained pressurised, despite many bearing the warning “empty to recycle”. Investigators also noted that bulk containers stacked nearby restricted airflow and reduced ventilation around the machine.

A hazard and risk register had already identified the risk of the shredder catching fire, and employees reported that the shredder had caught fire on previous occasions. In addition, a Country Fire Authority audit had recommended that the company provide comprehensive training to all workers on the storage and handling of dangerous goods.

It was found that reasonably practicable measures were available to Rose & Co Services to reduce the risk of an explosion. These included implementing a safe system of work that required aerosols to be emptied or punctured before shredding, ensuring effective mechanical ventilation such as fans while the shredder was operating, and preventing the storage of bulk containers in a way that impeded ventilation around the plant.

The investigation further determined that the worker operating the shredder had not been adequately instructed on the nature, hazards and properties of dangerous goods, including aerosols, despite this being a core duty for employers managing hazardous substances.

WorkSafe Acting Chief Health and Safety Officer Barb Hill described the company’s conduct as a serious breach of its obligations, given the known hazards and prior incidents.

“This incident was entirely preventable through proper training and adequate responses to previous fires and hazards the company was aware of,” Ms Hill said. “You cannot be too cautious when working with dangerous goods, and this outcome shows we will continue to fight for the strongest possible penalties against those who disregard their legal duties and endanger the lives of workers.”

The case underscores the critical importance of robust WHS management systems, safe work method statements (SWMS) and clear policies for the storage, handling and processing of dangerous goods. Employers must ensure that induction, information and training cover the specific risks associated with dangerous goods, the controls in place, emergency procedures and safe operating practices for all relevant plant and equipment.

Organisations seeking to strengthen their compliance frameworks and demonstrate due diligence in managing dangerous goods should consider implementing integrated WHS management systems and documented procedures. Resources such as professionally developed WHS management systems and policies are available to support this, for example through providers like BlueSafe Online.