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Basic health and safety obligations not met

Aug 3rd 2021 |

Basic health and safety obligations not met

Basic Health and Safety Obligations Not Met: Worker Poisoned in Chemical Manufacturing Incident

Summary: A New Zealand pest bait manufacturer faces charges after basic health and safety obligations were not met, resulting in a worker suffering severe fluoroacetate poisoning. The case highlights critical gaps in hazard identification, ventilation control, and safe systems of work when businesses expand into hazardous substance production.

Charges have been laid against a pest bait manufacturing organisation in New Zealand for an incident in May 2019, where a worker almost lost his life. The company that manufactures baits and pest control products was experiencing issues with the supply of sodium fluoroacetate (more commonly known as 1080), the toxic active ingredient used in its products, so it had set up an internal project to manufacture its own supply.

Production of the highly toxic substance was undertaken in a purpose-built self-contained chemical processing container inside an empty industrial unit. During the first trial of sodium fluoroacetate, an unexpected chemical reaction resulted in a loss of containment.

Severity of the Incident

The affected employee spent four weeks in hospital being treated for fluoroacetate poisoning, followed by a further two months recuperating outside hospital. WorkSafe's Head of Specialist Interventions said: "His urine fluoroacetate reading was more than 500 times higher than WorkSafe's Biological Exposure Index limit, and he was extremely lucky to survive."

What Went Wrong: Key Failings Identified

WorkSafe investigations found multiple failings that point directly to basic health and safety obligations not met by the organisation, including:

  • No structured hazard and operability study conducted before commissioning operations
  • Inadequate ventilation arrangements for the chemical processing container, including provisions for negative pressure operation
  • Failure to implement and communicate a safe system of work for the process

These findings demonstrate why proper health and safety risk management strategies must be embedded before introducing new hazardous processes into any workplace, not treated as an afterthought once production begins.

Effective risk control relies on early identification of hazards, not retrospective fixes after harm occurs. A structured approach to risk assessment, paired with consistent training for personnel handling hazardous substances, would likely have prevented this outcome.

The company received four charges in Christchurch District Court under the Health and Safety at Work Act 2015 and Health and Safety at Work (Hazardous Substances) Regulations 2017, and was fined $275,000 plus repatriation costs to the victim.

The original article can be viewed on WorkSafe NZ's website.

Inquest into Brisbane Photographer's Death From Crane Fall

An inquest into the death of a Brisbane photographer who plunged 40m to his death from a platform attached to a crane will not delve into liability or responsibility. Coroner Donald MacKenzie is examining the tragic circumstances of a death that occurred six years ago, aiming to determine what measures should be put in place to prevent future accidents from happening.

Circumstances of the Fall

The deceased man was employed to photograph a construction site for ad-rendering purposes when he fell from an elevated work platform after a crane collapsed into an empty land block in December 2015. Workplace Health and Safety Queensland principal inspector Deb Dargan, who assessed the incident, gave evidence that the site resembled a "pie crust," as the soil looked firm but underneath was like plasticky clay.

The court heard that the elevated work platform (EWP) operator was not "too comfortable about taking the vehicle down to the bottom of the site" but changed his attitude after visiting the location. This raises questions about whether adequate risk assessment processes were followed before work commenced at the site.

Training and Industry Practice Gaps

Ms Dargan said EWP operators' training relied heavily on practical experience, with only basic certifications required to operate the machines. Counsel assisting the coroner, Mark Plunkett, said no proper practice guidelines existed for using EWPs outside of simple certifications at the time of the incident.

A critical focus of the inquest involves the suitability of industry practices for elevated work platforms. This case underscores the value of comprehensive health and safety manual documentation that clearly outlines control measures for high-risk plant and equipment, alongside robust policy frameworks that support consistent site assessments.

Establishing a clear workplace policy on EWP use, backed by ongoing employee training, remains essential for construction and manufacturing sites managing elevated work risk. Organisations seeking to strengthen their approach can review guidance through the occupational health and safety complete overview and guide for practical frameworks applicable across industries.

The inquest continues.

The original article can be viewed on The Courier Mail website.

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