SafeWork SA secured a $250k fine against an Adelaide hotel this month after a worker suffered severe burns to more than 80 per cent of his body while refuelling an ethanol burner.
On 13 March this year, the South Australian Employment Court sentenced Winona Way P/L, operator of Tea Tree Gully’s The Gully Public House & Garden, which plead guilty.
The incident had occurred almost three years prior, when on 2 June 2023 at around 5:20pm a newly employed Food and Beverage/Gaming Attendant was refuelling the hotel’s ethanol burner.
Earlier that afternoon, at around 4:50pm another worker refuelled using a 25-litre plastic container and lit the burner. By 5:10pm, there was no visible flame.
The second worker was instructed to refuel, and the fuel ignited almost immediately, creating a flash flame.
The worker remained in Royal Adelaide Hospital for six months, undergoing more than 25 surgical procedures, and continues to face a long recovery.
Winona Way was charged with failing to comply with a health and safety duty, a Category 2 offence under Section 32 of the Work Health and Safety Act 2012.
SafeWork SA’s investigation discovered that the hotel workers were not provided with either documented safe work procedures for the task or adequate information, training and instruction.
It further found that the company did not properly identify hazards or carry out a sufficient risk assessment for the burner’s use, nor were the manufacturer’s instructions followed.
SafeWork SA also noted the burner was installed in 2009 solely for visual effect and had been used for fourteen years.
The burner’s manual stated it was to be turned off and allowed to cool for an hour prior to refuelling with a vessel equipped with a “spill proof safety spout” attached.
His Honour Deputy President Judge Calligeros said in his sentencing remarks that the burner posed a built-in danger when used in a hotel setting without following its instructions.
“Substantial harm was caused by the offending,” said Calligeros.
“The injuries sustained … are very serious and have altered almost every aspect of the life that he used to lead and would otherwise have continued to lead.”
A conviction was recorded.
Winona way paid $150k of its $250k fine, receiving a forty per cent discount for its cooperation during the investigation. It was also ordered to pay a contribution of $1,210 towards legal costs, and a $451 Victim of Crime levy.
SafeWork SA Executive Director Glenn Farrell said if the hotel had followed the manufacturer’s instructions and adequately trained and supervised staff, the horrific injuries could have been prevented.
“As a result of their failure, this young man’s life has been tragically and forever changed,” Farrell noted.
“I urge anyone who owns or uses ethanol burners to visit SafeWork SA’s website and familiarise themselves with the safety warning about these devices”.
