Darwin company and worker facing charges after refuelling fireball incident

NT WorkSafe has charged a Darwin-based garden maintenance company, along with one of its workers, following a refuelling incident that left a worker with severe burns and resulted in the vehicle involved being written off. The case highlights the importance of robust workplace incident management procedures for businesses handling flammable substances.

“In October 2022, two workers were refuelling a work vehicle. One worker was pouring fuel using a jerry can, while the other worker held a funnel to the vehicle's fuel tank,” NT WorkSafe said.

What Happened During the Refuelling Incident

NT WorkSafe will allege that a third worker approached the pair while smoking a cigarette. He then proceeded to light another cigarette while standing beside them during refuelling. This action resulted in the fuel igniting, causing a fireball.

Such events underscore why strict safety protocols around ignition sources near flammable fuel are non-negotiable on any worksite, whether in construction, manufacturing or healthcare settings.

Charges Facing the Company and Employee

The business has been accused of two violations of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act), while the employee faces a single charge under Section 32 of the Act for failing to fulfil his responsibilities as outlined in Section 28.

These provisions form part of broader health and safety legislation designed to protect workers from preventable harm. Breaches of the Act carry significant penalties, reflecting how seriously regulators treat lapses in workplace safety.

Next Steps: Court Proceedings

The case is scheduled for a mention at a Darwin court next month. Outcomes from proceedings like these often set precedents for how similar incidents are handled across Australia, reinforcing why employers must prioritise health and safety compliance at every stage of daily operations.

Lessons for Businesses Handling Flammable Materials

Incidents involving fuel and ignition sources are entirely preventable with proper training, supervision and hazard controls. Employers should consider the following safety measures:

• Enforcing strict no-smoking zones around refuelling areas
• Training workers on safe fuel handling procedures
• Conducting regular risk assessments of refuelling tasks
• Documenting incidents thoroughly using proper reporting tools, such as an Environmental Incident & Corrective Action Report Form

Similar workplace safety failures have led to legal consequences for other organisations. For example, an Adelaide hotel facing charges following a fire incident involving a worker and a VIC metal company facing charges following a fatal crushing incident demonstrate how regulators across Australia are cracking down on preventable workplace harm.

Businesses seeking guidance on maintaining strong safety cultures may also benefit from resources shared at the Workplace Health and Safety Show, where industry experts discuss practical approaches to reducing risk.

Why Proper Documentation Matters

Thorough incident reporting supports both compliance and continuous improvement. Tools such as an Incident Investigation Procedure Checklist and Action Report Form help businesses capture critical details following an event, supporting investigations and future prevention efforts.

Organisations recovering from incidents, including those involving waste or hazardous handling, can draw lessons from cases like the waste management company facing trial after a Canberra workplace incident, which similarly involved scrutiny of health and safety obligations under workplace legislation.

First published here.