In a significant legal ruling, Rose & Co Services Pty Ltd has been fined a total of $225,000 following an appeal related to a workplace explosion that injured six employees. The Melbourne County Court set aside the initial fine of $35,000 imposed by the Shepparton Magistrates’ Court in March 2025, convicting the company for failing to ensure a safe work environment and for not providing adequate training on dangerous goods.
The incident occurred in May 2023 when Rose & Co was using a shredder to process aerosol cans, classified as Class 2.1 Dangerous Goods. The explosion resulted in severe injuries to several workers, including two who required airlifting to the Alfred Hospital’s Burns Unit. Flames from the blast spread up to 18 metres from the shredder, necessitating the use of fire extinguishers by other employees to control the fire.
A thorough investigation by WorkSafe revealed that nearly all aerosol cans on the conveyor belt were still pressurized, despite many being marked with the warning “empty to recycle.” Additionally, nearby bulk containers were found to have reduced ventilation in the area, heightening the risk of fire.
Investigation Findings and Court Ruling
The investigation highlighted that Rose & Co Services had been aware of the potential risks associated with the shredder. A hazard and risk register indicated the chance of the shredder catching fire, and there was evidence that the machine had experienced similar issues in the past. Furthermore, an audit by the Country Fire Authority had recommended comprehensive training for employees involved in the handling and storage of dangerous goods.
The court found that it was reasonably practicable for the company to mitigate the risk of explosion by implementing a safer work system. This included measures such as ensuring aerosol cans were emptied or punctured before shredding and improving ventilation around the shredder. The company was also cited for failing to provide adequate training to the worker operating the shredder regarding the hazards of dangerous goods.
Barb Hill, Acting Chief Health and Safety Officer at WorkSafe, emphasized the seriousness of the breaches. “This incident was entirely preventable through proper training and adequate responses to previous fires and hazards the company was aware of,” she stated. Hill added, “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.”
Legal and Safety Implications
The revised penalty includes $220,000 for the failure to maintain a safe working environment and $40,000 for breaching Dangerous Goods Regulations. The company is also responsible for covering costs amounting to $5,292. This ruling serves as a critical reminder for employers handling dangerous materials to ensure they comply with safety regulations and provide necessary training to their employees.
In light of this ruling, employers are encouraged to refer to WorkSafe’s Code of Practice for the storage and handling of dangerous goods, which outlines essential requirements for safe operational practices. The case underscores the importance of prioritizing worker safety and adhering to legislative requirements to prevent similar incidents in the future.
