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Home / New Zealand

Hamilton companies fined after workers suffer chemical burns at galvanising plant

By Belinda Feek
Reporter·NZ Herald·
1 Nov, 2020 10:44 PM5 mins to read

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Perry Metal Protection Ltd and Total Access Ltd have both been fined after a two and a half year prosecution came to a close in Hamilton last month. Photo / File

Perry Metal Protection Ltd and Total Access Ltd have both been fined after a two and a half year prosecution came to a close in Hamilton last month. Photo / File

Two companies have been fined after workers suffered chemical burns at a Hamilton metal galvanising plant after a prosecution that has stretched more than two years.

It's seen a sentencing judge issue a scathing criticism, and led Worksafe to issue a warning to businesses to communicate better with each other to ensure workers' health and safety is properly managed.

One staffer had to spend two months with his hands in bandages while the other suffered burns to his right arm, neck and shoulder after the incident at Perry Metal Protection Limited's galvanising facility in Te Rapa on April 3, 2018.

In his reserved decision, Judge Jonathan Down said both the victims' "nasty injuries" and the businesses' "significant" fines could have been avoided if suitable PPE - chemical-proof gloves and overalls - were provided.

Perry's were convicted of three health and safety offences and fined $227,500. Total Access Ltd, who assemble and disassemble scaffolding, were convicted of the same charges and fined $165,000.

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Reparation of $34,000 was also ordered and to be split between the two victims equally.

"I am troubled that such easy and straightforward steps were not taken by either defendant, in a situation which cried out for the basic exercise of great care," Judge Down wrote.

The scaffold labourer suffered "excruciating and disabling" chemical burns to his hands while disassembling a scaffold at Perry's plant.

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Perry's had engaged Total Access to assemble and disassemble the scaffolding which had been put above one of its covered galvanising tanks and immediately adjacent to a tank of caustic soda.

Vapour was able to rise from the tank containing caustic soda, which was uncovered, because of the temperature maintained for the galvanising process.

The vapour condensed on the scaffold, creating residue containing caustic soda.

However, although there was a safety induction six months earlier, no other risk assessment was given and on the day of the accident there was no toolbox meeting as the crew started two hours later than anticipated.

None of the Total Access crew were informed what chemicals were in any of the seven tanks which stored a variety of toxic chemicals including caustic soda and hydrochloric acid.

While pulling the scaffolding down, a worker, who was not wearing gloves, noticed the handrails were slippery.

He went and grabbed a pair of gloves out of his truck but noticed his hands started to sting. As he carried on working the pain got worse. He asked to swap positions with his supervisor and by the time the job was finished, his hands were swollen, shaking and throbbing and had black marks on them from chemical burns.

He eventually went to his doctor on April 5 and was then referred to hospital where he had to undergo a "debriding procedure", where any infection and damaged skin was removed from his wounds.

His left thumb required a "full-thickness skin graft" and he spent three days in hospital.

As a result he spent two months with his hands in bandages. Another worker also suffered from burns to his right arm, neck and shoulder.

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A WorkSafe investigation found that hazardous vapour from the adjacent tank had condensed on the scaffolding, causing the chemical burns when contacted by the workers.

WorkSafe's Head of Specialist Interventions Simon Humphries said neither company had discussed risks posed by these hazardous chemicals thoroughly.

"Other than the risks of falling into the tanks or inhaling fumes from the tanks neither company considered the risk of these toxic vapours.

"This is a hazardous substance which is extremely harmful when it comes into contact with skin.

"It is extremely disappointing that neither company had the foresight to consider the effects these chemicals may have on workers. Businesses must engage with one another to ensure all health and safety risks are recognised before work on any job takes place."

Judge Down said Perry's offending was aggravated by the fact that three other contractors suffered burn injuries on its premises after waterblasting a white residue from its scaffolding in 2015.

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The residue turned out to be zinc oxide. Worksafe investigated but found it was a "one-off incident", the judge said, and no action was taken.

"But it is clear that [Perry's] were on notice as to the risks of residual deposits of chemicals in the equipment situated above the tanks," he said.

Judge Down also refused to hand down significant discounts as requested by each counsel of the defendant's company, stating he was "troubled by the apparent ease with which huge discounts are applied in Worksafe cases, almost as a matter of course".

Perry's counsel had asked for 55 per cent, while Total Access also requested a "significant" discount.

"I am satisfied ... that a sentencing court should think long and hard before concluding that a case justifies such significant discounts".

Perry's also had two prior convictions for health and safety-related offending in 2007 and 2015.

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Perry's larger fine was indicative of that offending, the judge said.

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