Director of scientific R&D firm fined $195K+ over biogas experiments

The sole director of a scientific research and development firm has been convicted and fined $195,500 in the District Court of NSW. The result of a prosecution by SafeWork NSW, the proceedings arose from an incident on 27 February 2022, when a doctor sustained serious injuries after exposure to hydrogen sulfide gas during a series of biogas experiments.

Responsible for the day-to-day administration of and health and safety for the business at the time of the incident, the sole director pled guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 — for failing to comply with his health and safety duty as an officer of the company under section 27(1) of the Act.

“Risk control measures for working with hazardous chemicals are well known. Without controls such as proper ventilation when working in confined spaces, chemical exposure can cause serious injury, illness or death,” Acting SafeWork NSW Commissioner Petrina Casey said.

“Hydrogen sulfide gas is highly toxic, flammable and colourless. Breathing in high levels of hydrogen sulfide gas can cause loss of consciousness after one or two breaths and potential loss of life within minutes,” Casey added. “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.”

The director has the right to appeal against the sentence.

You can read the full judgement here, on the NSW Caselaw website.

To help manage the risks of working with hazardous chemicals, SafeWork NSW has a range of resources for business owners and workers. You can access these here.

Image credit: iStock.com/FrankRamspott