Defendant: Environmental Oil Australia Pty Ltd ABN / ACN: 108 295 905
Industry: Manufacturing and Agriculture  Defendant Type: Company (ACN)
Date of Offence: 05/09/2006 Date of Determination: 13/12/2007
Incident: Failure to conduct a risk/hazard identification Judge / Magistrate: C Rozenswajg
Incident Summary: Environmental Oil Australia Pty Ltd manufactures low grade diesel oil from waste oil products at 166-170 Fitzgerald Road Laverton North On 5 September 2006 a plant operator was working alone at the factory and attempted to remove the portable “KK” pump from CU 4 to CU 1. Use of the “KK” pump had been introduced to accelerate the removal of the sludge. A block valve isolating the “KK” pump from CU 4 failed to close completely, allowing the vaporous contents of the vessel to escape to atmosphere when a flange connecting the KK pump to flexible hoses was unbolted. Vapour escaped and ignited. A fire and explosion occurred . A number of Emergency Services, including MFB, attended to contain and put out the fire. No-one was injured There were no records of induction and training, and no risk assessment had been made readily available to the process workers. No adequate risk assessment for the use of the KK pump in conjunction with the cracker units was undertaken.
Court Number: W02479204 Jurisdiction: Magistrates Court

Act & Section [Maximum Penalty]	Count(s)
OH&S Act 2004 - s 21(1) & (2)(a) Employer failed to provide & maintain so far as was practicable for employees a safe working environment - plant & systems of work [1800 penalty units individual 9000 penalty units body corporate] Indictable offence triable summarily	1

Plea: Guilty Fine: $60,000.00
Result: Conviction (Convicted and fined $60,000.00. Costs $2,057.00 stayed until 12/03/08 )