Garden Maintenance Company and worker charged over refuelling fireball

NT WorkSafe has charged a Darwin based Garden Maintenance Company and one of its worker’s over a refuelling incident which resulted in a worker receiving serious burn injuries and the vehicle being refuelled written off.

In October 2022, two workers employed by Tiger Contracting NT Pty Ltd (trading as Tiger Trees NT) were refuelling a work vehicle. One worker was pouring fuel using a jerry can, while the other worker held a funnel to the vehicle’s fuel tank.

NT WorkSafe will allege that a third worker, Daniel James Gooley, approached the two workers while smoking a cigarette. Mr Gooley then proceeded to light another cigarette while standing beside the two workers refuelling. This resulted in the fuel igniting, causing a fireball.

NT WorkSafe will further allege that although the company had a no smoking on work premises policy, there was no policy or procedure for the safe use, handling and storage of flammable substances including fuel, or any record of training, instruction or supervision of workers in the refuelling work being carried out.

Tiger Contracting NT Pty Ltd has been charged with the following two breaches of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act):

• One charge under Section 32 of the Act for breaching its primary duty of care under Section 19(1), for failing to ensure the health and safety of its worker.
• One charge under Section 33 of the Act for breaching its primary duty of care under Section 19(3)(a)(c)(d) and (f), for failing to ensure a work environment without risks to health and safety, a safe systems of work, the safe use of plant and the provision of supervision.

Mr Daniel James Gooley faces one charge under Section 32 of the Act for breaching his duty as a worker under Section 28, for failing to take reasonable care that his actions did not adversely affect the health and safety of other persons.

If found guilty of all charges, Tiger Contracting NT Pty Ltd faces a maximum combined penalty of $2 million.

Mr Gooley faces a maximum penalty of $150,000 if found guilty.

The matter is listed for mention at the Darwin Local Court on Thursday 7 November 2024 at 09.30am.