`serious Breach' In Safety Sees Bhp Fined $120,000 On Gas Leak

Newcastle Herald

Tuesday May 20, 2003

BHP Steel has been fined $120,000 after two employees were overcome by highly toxic ozone gas at its Port Kembla steelworks.

In the NSW Industrial Relations Commission, Justice Trisha Kavanagh found BHP guilty of a ``serious breach" of the Occupational Health and Safety Act after the men were exposed to the gas while cleaning a run-off pit in April 2000.

Inoperative exhaust fans had allowed a build-up of ozone, which can cause lung inflammation, bleeding and death.

In an April 17 judgement made public yesterday, Justice Kavanagh said the employees became nauseous and required urgent medical treatment after inhaling the gas.

One worker has not been able to return to work in the pit.

``The risk to safety was most serious," the judge wrote.

``The nature of ozone is such that no exposure, however small, is theoretically without effect."

BHP was fined $120,000, about 15per cent of the maximum possible penalty, and ordered to pay $11,000 in costs.

Handing down her judgement, Justice Kavanagh praised BHP's quick response to the accident.

``I am satisfied the defendant has expressed contrition and this has been reflected in the concern it has shown for the individual employees," she wrote.

``The ... company has ensured the rectification of the wiring and the adoption of the new and comprehensive switching system eliminates the identified risk to safety."

The incident highlighted the importance of doing thorough and regular risk assessments, WorkCover NSW acting general manager Rob Seljak said. AAP