Hydromet Corporation, Jeremy Perera convicted over Unanderra acid spill
An environmental technology firm has been condemned for numerous safety breaches which resulted in an employee being covered in acid.
Illawarra Star
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A company which processes industrial waste including sulphuric acid has been convicted over a spill which saw an employee terribly injured.
Due to coronavirus social distancing measures, Hydromet Corporation and its director Jeremy Danesh Perera appeared virtually in the NSW District Court today for a sentence hearing before Judge David Russell.
Prosecutor Ian Fraser and defence lawyer Andrew Fernon also each appeared via videolink from their respective chambers and had to seek clarification from court officers about whether they should still stand when His Honour entered the room.
Mr Fraser told the court the incident at the company’s facility at Unanderra near Wollongong occurred while the Hydromet employee was trying to repair pipework and hoses.
“There’s a lack of clarity from various accounts as to what in fact took place which is perhaps reflective of issues arising from, relating to, precisely what pipe is carrying what chemicals.”
He condemned Hydromet for numerous safety breaches which were found by the Environmental Protection Authority and Safe Work NSW.
“There were a number of matters that effectively made the risk very foreseeable,” Mr Fraser said.
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“This included the changes to the type of acid that was being used within the system firstly from hydro chloric acid to sulphuric – that change occurred in 2014 – and then in 2016 a further change to sulphuric acid of a higher concentration to 98 per cent.
“Risks included the risk of death as well as serious injury and of course that risk is one that increased with the changing chemical.
“Those steps that could have been taken, many of which were taken by the company in the immediate period after the incident, they were readily available and practical.
“The combination of those matters would lead to the conclusion the matter in the high end of the range of objective seriousness.”
Mr Fernon said his client plead guilty at the earliest available opportunity.
“There is agreement at large of the events which occurred and risks associated which ultimately resulted from this incident and the terrible injuries suffered,” Mr Fernon said.
“The acceptance of culpability was made well before charges were even laid.
“My client has taken a number of steps to correct his practices.
“They go beyond what was originally subject of the notice issued by Safe Work.”
Both parties agreed costs incurred by the prosecution were $44,972 which would be paid by the defendant in addition to any penalty imposed by the court.
Judge Russell reserved his judgment until April 3.