Smoker Causes Fire But Employer Fined

A worker caused a fire, explosion and burn injuries to two co-workers (who were decanting fuel into a vehicle) by approaching them while smoking.

Interestingly, charges against the smoker were withdrawn and the company fined (with WorkSafe’s legal costs) $23,000 for careless conduct by failing to follow precautions in the safety data sheet (SDS) for petrol, even though the business had a no smoking policy including near fuel and a policy against refuelling vehicles from jerry cans.

This case reinforces our earlier article on PCBU vs Manager Duties (P.4) where the business (PCBU) carries the primary duty to not only have appropriate policy and procedures, but the managers must monitor and enforce compliance.