Northpoint Toyota has been convicted of breaching workplace safety laws after an oil drum explosion injured an 18-year-old apprentice mechanic.
Thomas Gower was using an angle grinder to cut a hole in a steel drum in the workshop of Northpoint Toyota’s Port Augusta dealership in 2012 when the drum exploded.
Gower was taken to hospital in the town before being flown to the Royal Adelaide Hospital burns unit, where he was treated for second-degree burns to his chest and forearms.
Gower had surgery to apply a skin-like artificial membrane to cover his burns, the summary of the complaint says.
Northpoint Toyota (Ducala Pty Ltd) acknowledged “there was a mistake made and the defendant appreciates that is had the potential to cause serious harm or death”.
The car dealer – which told InDaily it employs about 250 people in South Australia – was convicted of breaching work health and safety legislation, and fined $33,000 plus costs last week.
On the day of the incident in October 2012, Gower, an inexperienced apprentice, had been instructed to cut up some discarded bumper bars, and to tidy up, because Toyota representatives were due to inspect the service department.
During this process, he noticed several small bins, overflowing with used oil filters. He was aware that it was normal practise to dispose of the filters in larger drums.
A number of larger drums were already full of filters, and he took it upon himself to cut a hole in the top of an empty drum, which he shook and smelt for petrol vapours beforehand.
The drum must have had residual flammable vapours left inside it to cause the explosion, the judgement says.
The car dealer avoided a steeper fine because of an early guilty plea, and its contribution of $10,000 it made to an education campaign by the Motor Trade Association on flammable goods.
The summary of the complaint says Northpoint Toyota failed to train Gower adequately – including in the content of a warning label attached to the drum – failed to prohibit using angle grinders on steel drums, and failed to erect signage in the area indicating that the drums may contain flammable material.
It also says others at the worksite had used angle grinders to cut of the tops of empty steel drums.
“Despite the defendant’s regard for safety at its worksites, it had failed to take the necessary steps in relation to the hazards associated with cutting empty drums,” the judgement says.
According to Northpoint Toyota, Port Augusta was the only branch of the company using 44-gallon drums for storage.
Submissions on the company’s behalf say various, robust safety procedures existed at the time of the incident, and that several “corrective actions” have been taken since, including prohibitions on cutting steel drums and using steel drums to store oil filters.
An area has been designated for storing contaminated fuel and written instructions have been introduced regarding the use of angle grinders and the disposal of contaminated fuel.
“There was discrepancy in the practical application of the safety procedures and systems which led to the incident,” the judgement says.
“…The defendant responded immediately and appropriately to the incident.”
Gower is left with scarring to his left arm and chest, but “his life has largely returned to normal”.
In a statement to InDaily, representatives for Northpoint Toyota said: “The business is devastated that one of its employees was
injured at work and on its watch”.
“This was the first time in more than 30 years of business operations that we have appeared before the courts in relation to a safety offence.
“We had taken steps to prohibit the use of angle grinders near flammables shortly prior to the incident but we accept that those steps were not sufficient.
“While the employee was not specifically directed to undertake this task, Northpoint accepts full responsibility for the incident.
“We in no way hold our employee responsible.
“The employee has continued to work for us since the incident and enjoys a great working relationship with us.
“We consider him to be a valuable asset to our business.”
Photo: AAP