Two companies have been fined over $400,000 after their failure to communicate had workers on scaffolding above an open tank of caustic soda
Perry Metal Protection Limited run a steel galvanising business and Total Access Limited provide access equipment including scaffolding.
Perry Metal Protection Limited engaged Total Access Limited to assemble and disassemble scaffolding in April 2018 which had been erected above one of its covered galvanising tanks and immediately adjacent to a tank of caustic soda. Vapour was able to rise from the tank containing caustic soda, which was uncovered, because of the temperature maintained for the galvanising process. Vapour condensed on the scaffold creating residue containing caustic soda.
While disassembling the scaffold a worker noticed the handrails were slippery.
By the time the job was complete the worker’s hands were swollen, shaking and throbbing and had black marks on them from chemical burns. As a result, he spent two months with his hands in bandages. Another worker also suffered from burns to his right arm, neck and shoulder.
A WorkSafe investigation found that hazardous vapour from the adjacent tank had condensed on the scaffolding causing the chemical burns when contacted by the workers.
WorkSafe’s Head of Specialist Interventions Simon Humphries said neither company had discussed risks posed by these hazardous chemicals thoroughly.
“Other than the risks of falling into the tanks or inhaling fumes from the tanks neither company considered the risk of these toxic vapours.
“This is a hazardous substance which is extremely harmful when it comes into contact with skin.
“It is extremely disappointing that neither company had the foresight to consider the effects these chemicals may have on workers. Businesses must engage with one another to ensure all health and safety risks are recognised before work on any job takes place.”
When multiple businesses are carrying out work it is vital they communicate to ensure risks to workers’ health and safety is properly managed.
Total Access Limited was ordered to pay a fine of $165,000, while Perry Metal Protection Limited was ordered to pay a fine of $227,500.
Total Access Limited
- A fine of $165,000 was imposed.
- Reparation of $34,000 was ordered (to be divided between both parties equally).
- Total Access Limited was sentenced under sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015.
- Being a PCBU having a duty to ensure so far as reasonably practicable, the health and safety of workers who work for the PCBU, while the workers are at work in the business or undertaking, namely while assembling and disassembling scaffolding at Perry Metal Protection Limited’s galvanising facility in Te Rapa, did fail to comply with that duty and that failure exposed the workers to a risk of death or serious injury or serious illness arising from handling scaffolding equipment near a tank of caustic soda and other corrosive chemicals.
- S 48(2)(c) carries a maximum penalty of $1,500,000.
Perry Metal Protection Limited
- A fine of $227,500 was imposed.
- Reparation of $34,000 was ordered (to be divided between both parties equally).
- Perry Metal Protection Limited was sentenced under sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015.
- Being a PCBU having a duty to ensure so far as is reasonably practicable, the health and safety of workers who work for the PCBU, while the workers are at work in the business or undertaking, namely while assembling and dissembling scaffolding at the galvanising facility, did fail to comply with that duty, and that failure exposed the workers to a risk of death or serious injury or serious illness arising from handling scaffolding equipment near a tank of caustic soda and other corrosive chemicals.
- S 48(2)(c) carries a maximum penalty of $1,500,000.
