5-step safety system not enough to prevent serious dangerous chemical incident
A Victorian manufacturer of adhesive products was fined $30,000 and ordered to pay costs last week after a bucket of flammable chemicals caught alight during welding works, inflicting substantial burns on the welder (WorkSafe Victoria v RLA Polymers Pty Ltd [2026]).
The incident
RLA Polymers Pty Ltd manufactures adhesive products commonly used in the construction industry. As part of producing these products, it regularly receives dangerous goods, including Class 3 dangerous goods, at its Kilsyth worksite.
In June 2024, RLA Polymers was preparing to complete welding works at the worksite. The works included welding a 3.5-metre steel bracket that would be used to support new equipment. Due to its size, the welding had to be performed on the ground.
A job safety analysis was completed and several steps were taken to prepare for the work, including:
- Preparing all personal protective equipment.
- Placing fire extinguishers near the welding area.
- Installing ‘hot-works’ warning signs.
- Clearing the welding area.
- Ensuring there was adequate ventilation.
A toolbox safety meeting was also held with the worker who would be undertaking the welding and the worker who was assigned to be the spotter.
While welding the bracket, the worker undertaking the welding felt unexpected heat on his back and turned to find a 20‑litre bucket of liquid on fire. He picked up the bucket and the base gave way, spilling the contents and igniting his clothing. He fell, rolled on the ground to extinguish the flames and called for the spotter to bring water. Other workers then arrived with a fire extinguisher to put out the fire. The worker sustained burns to both legs, his buttocks and both hands. He required multiple surgeries, including skin grafts and a procedure to repair a hole in his stomach.
The investigation
When WorkSafe Victoria inspectors and investigators attended the workplace following the incident, they observed two melted buckets holding visible liquid (approximately three-quarters full). The two melted plastic buckets were marked ‘MEK’ and ‘AFTEK’. AFTEK is a traffic-paving paint, and MEK is a flammable liquid solvent commonly used as a thinner for paints, coatings and adhesives. Unbeknownst to RLA Polymers, MEK was also being used in the workshop to clean machine parts and remove residue.
WorkSafe's investigation of the incident revealed that:
- the injured worker did not know that the buckets contained flammable liquid solvent and flammable traffic-paving paint;
- the flammable liquid solvent, which was being used for cleaning machines, should not have been decanted or used as a cleaning product, as it resulted in flammable fumes being an ignition source; and
- site managers were not aware that workers were engaging in this practice.
Charge and sentencing
RLA Polymers was charged under sections 21(1) and (2)(a) of the Occupational Health and Safety Act 2004, with a failure to maintain a safe working environment for its workers by failing to maintain a system of work to ensure hot works were not undertaken near flammable chemicals.
With its guilty plea, the company acknowledged that it was reasonably practicable to:
- conduct regular walk-throughs of the workplace to ensure that flammable liquids were not in the workshop; and
- ensure that workers were made aware of the properties and hazards of flammable liquids that were used, stored and handled at the worksite. The workers involved in the incident had only recently commenced at the worksite and were not given any chemical materials training.
RLA Polymers remediated the situation following the incident. The company was, without conviction, fined $30,000 and ordered to pay costs. The company received a 50% discount in the fine due to its good safety record and comprehensive safety systems.
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