Ben Furney Flour Mills Pty Ltd has been convicted and fined $90,000 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 23 February 2023, when workers were exposed to chlorine gas while carrying out work for the company.
Ben Furney Flour Mills plead guilty to an offence pursuant to section 33 of the Work Health and Safety Act 2011 for failing to ensure, as far as is reasonably practicable, the health and safety of workers as required under section 19(1) of the Act.
The full judgment against Ben Furney Flour Mills is published on the NSW Caselaw website.
Ben Furney Flour Mills has the right to appeal against the sentence.
Workers who have concerns about workplace health and safety can anonymously contact SafeWork NSW on 13 10 50 or through the Speak up Save lives website.
Business owners and workers can access a range of resources to help manage the risks of working with hazardous chemicals on the SafeWork NSW website.
SafeWork Commissioner Petrina Casey said:
“Risk control measures when working with potential hazardous substances are well known.”
“SafeWork NSW reminds all businesses of their duty to ensure their workplaces are safe for employees and contractors.
“Having an awareness and assessment of the risks, along with implementation of safe systems of work, is key to reducing the number of incidents related to chemical exposure.”
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