Viva Energy have learned its fate after exposing employees to potentially fatal acid

A Geelong energy giant has spoken out after being fined for exposing workers to potentially fatal acid leaks.

A Geelong magistrate has ordered Viva Energy pay more than $100,000 in fines after exposing two employees to potentially fatal acid.

The major fuel retailer pleaded guilty at the Geelong Magistrates Court on Monday for failing to provide a safe work environment and failing to notify WorkSafe following one of the incidents.

The court heard Viva Energy was aware of the potential for a hydrofluoric (hf) acid leak prior to the first incident on November 5, 2017.

It was revealed in court that two months before the initial incident Viva reduced the minimum personal protective equipment (PPE) requirements to be worn by employees when around the dangerous acid.

The protective requirements had been downgraded from class C to class B.

Prosecutor Andrew Palmer told the court, when exposed, the acid is rapidly absorbed by the skin and can cause lacerations, heart failure and even death.

He said one victim suffered a sore throat for weeks following the incident as well as skin sensitivity triggered by sunlight and certain face sprays.

The court heard no increase in PPE requirements were mandated between the first and second incident which occurred one month later on December 4.

Viva Energy CEO Scott Wyatt at their Geelong refinery. Picture: Aaron Francis/The Australian

“A WorkSafe investigation revealed Viva were aware hf acid posed a risk to employees and were aware of its history of leaks including as recent as November 5, 2017,” Mr Palmer said.

Defence barrister Robert O’Neill said Viva had been relying on a specially designed sample cabinet which was meant to catch potential leaks during the retrieval stage, preventing the acid from entering the atmosphere and exposing workers.

“As a result of the introduction of the cabinet it was understood the risk had been significantly reduced,” he said

“The PPE, particularly class C, can take up to 45 minutes to put on.

“We accept that this was wrong, but it wasn’t a thoughtless relaxation.

“Yes, the potential risk did include death or injury and some harm did occur, but the fact is the cabinet and the PPE performed its role to some degree and the harm suffered was fortunately at the lower end.”

Viva Energy’s chief executive officer, Scott Wyatt, said the company placed the highest importance on safety and had since taken significant steps to improve processes and equipment involved in the incidents.

“We are proud of our commitment to safety and regret that on this occasion we failed to live up to our own high expectations,” he said.

Magistrate Simon Guthrie said Viva was a good corporate citizen and a significant employer to many people, making it “regretful therefore to note these offences”.

“The PPE with some regret was less than adequate in the event,” he said.

“It is that and the failure to notify that escalates this to a very serious matter.”

Viva was sentenced to pay $100,000 with conviction for failure to provide a safe workplace, $10,000 with conviction for failing to notify WorkSafe and more than $11,400 in costs. 

Originally published as Viva Energy have learned its fate after exposing employees to potentially fatal acid