Recycling explosion fine increased by $225,000 on appeal

The company was initially convicted and fined $35,000 in the Shepparton Magistrates’ Court in March 2025. It had pleaded guilty to one charge under the Occupational Health and Safety Act and another under the Dangerous Goods Act.

On Thursday 11 December, the Melbourne County Court set aside the original sentence and convicted the company, imposing a $220,000 fine for failing to provide a safe system of work. It also imposed a $40,000 fine for breaching Dangerous Goods Regulations by failing to instruct workers about the nature, hazards and properties of dangerous goods at the workplace. The company was ordered to pay $5,292 in costs.

Rose & Co Services used a shredder to break down recyclable items, including aerosol cans containing material classified as Class 2.1 Dangerous Goods. In May 2023, an explosion occurred while the machine was shredding aerosol cans. Flames reached up to 18 metres from the shredder before workers extinguished the fire.

Two workers were airlifted to the Alfred Hospital’s Burns Unit. One, who had been clearing scrap metal beneath the shredder, suffered severe burns to his back and arms. Another, who was on a forklift beside the machine, suffered severe burns to his face and upper body. Four other workers needed hospital treatment for superficial burns.

WorkSafe investigators found that almost all cans on the conveyor feeding the shredder remained pressurised, although many carried the warning “empty to recycle”. Bulk containers stacked nearby had also restricted ventilation. A hazard and risk register identified the possibility of the shredder catching fire, and employees gave evidence of previous fires involving the machine.

Investigators also found a Country Fire Authority audit recommending dangerous goods storage and handling training for all employees. The company had not instructed the shredder operator about the nature, hazards and properties of dangerous goods, including aerosols.

Reasonably practicable measures to reduce the explosion risk included a system of work requiring aerosols to be emptied or punctured before shredding, ventilation such as fans during operation, and keeping bulk containers from restricting airflow around the machine.

WorkSafe Acting Chief Health and Safety Officer Barb Hill described the company’s lack of care, which injured six workers, as a serious breach. “This incident was entirely preventable through proper training and adequate responses to previous fires and hazards the company was aware of,” she 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.”

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