Published: 30 October 2024
Buller Wines Pty Ltd, was sentenced without conviction in the Wodonga Magistrates' Court today and ordered to pay $4,015 in costs.
The company earlier pleaded guilty to one charge of failing to provide necessary information, instruction and training for employees to work safely; and one charge of failing to ensure persons other than employees were not exposed to health and safety risks.
In April 2022, a group of 11 customers were taking part in a personalised gin making event at the company's Three Chain Road distillery, when a 330 litre copper pot still exploded, lifting up and sending out a fireball that set the venue’s floor alight.
Two workers and six customers were injured, with one customer taken to hospital and treated for burns to his face, forearm and neck, while another suffered burns to her leg, and another burns to her lower back.
Other injuries included bruising, singed hair, anxiety, headaches, ear pain and ringing ears.
The court heard the explosion occurred because there was not enough water placed in the still to cover the heating elements, which set fire to ingredients added by the participants, leading to the ignition of ethanol vapours.
The venue's assistant winemaker, who had not previously undertaken small batch distillation, was running the experience for the first time and had been given separate recipe and run sheets which set out different water and ethanol quantities.
The court found it was necessary and reasonably practicable for Buller Wines to provide staff with information about the risk of an ethanol explosion if the still’s heating elements were not submerged, as well as instruction and training in how to prepare the required quantities of ethanol and water in marked containers, check that the heating elements were fully submerged, and have each step checked and confirmed before turning on the still.
WorkSafe Executive Director of Health and Safety Sam Jenkin said providing workers with information about risks and appropriate training to use tools and machinery was crucial to keeping a workplace safe.
"If an employer doesn't take the time to properly identify hazards, share this information with workers and instruct them in how to control the risks – then it’s likely only a matter of time before something goes wrong," Mr Jenkin said.
"In this case, several workers and members of the public were injured in a horrific incident that was entirely preventable if an adequate safe operating procedure was prepared and communicated."
To manage risks when working with machinery employers should:
- Identify hazards, assess the risks associated with them and eliminate or control those risks by isolating them or using an alternative.
- Train staff in the safe operation of machines and equipment and provide written procedures in the worker's first language.
- Develop and implement safe operating procedures in consultation with employees and health and safety representatives.
- Regularly service and inspect machines and equipment.
- Place signs on or near a machine to alert employees of the dangers of operating it.