Simon and Karl pay for dangerous practice

Simon and Karl, who are employed by WadePack, a cardboard making company, suffered burn injuries when a fire started within a flammable liquids storeroom in the factory.

There were no lights installed in the storeroom and in circumstances where, for several weeks at least, there had been a need for employees to gain access to the storeroom in night-time hours in order to decant flammable liquids from drums within the storeroom to smaller containers. There was a practice where by the staff would momentarily illuminate the interior of the storeroom by lighting a cigarette lighter. An obviously dangerous practice having regard to the presence of flammable fumes in the atmosphere and flammable liquids on the floor. There were leakage's in the hand pump used for transferring liquids from one container to another. The storeroom was inadequately ventilated and there was a lack of appropriate training, instruction and supervision of employees. Simon had been employed in his position for a period of only one or two weeks before the accident.

The accident occurred when Karl lit his cigarette lighter in order for Simon to see what he was doing. Simon was transferring a flammable substance from a drum into a smaller container. He could not see what he was doing as there were no lights installed in the storeroom. As Karl lit his cigarette lighter the flame jumped and the drum containing the flammable substance caught fire.

Both Karl and Simon received burns to which caused them to be absent from work for a short period of time and which have let some continuing effect, and some damage to property.

WadePack was convicted and a fine $ 40 000 is imposed.

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