Kenneth Charles Jensen: Appeal after child poisoned at Wodonga ice-skating rink

The owner of an ice-skating rink in Wodonga has appealed his fine in court after a child passed out twice from carbon monoxide poisoning.

The owner of an ice-skating rink in Wodonga where patrons and staff suffered carbon monoxide poisoning has successfully appealed his fine in court.

Kenneth Charles Jensen was convicted and fined $50,000 in the Wodonga Magistrates‘ Court on September 30 last year after WorkSafe prosecuted him for failing to maintain a safe working environment.

The health and safety regulator had argued an ice resurfacing machine used by the company was defective, with carbon monoxide emissions exceeding recommended levels.

“There was also no monitoring of carbon monoxide levels being undertaken at the rink and tests found inadequate ventilation meant dangerous carbon monoxide levels inside spread through the building rather than dispersing,” a WorkSafe spokesman said at the time.

On 9 June 2019, the rink had to be cleared after six people, including two children, developed headaches and became nauseous.

The machine had been used to polish the ice prior to an afternoon skating session, leading to a build-up of carbon monoxide within the facility.

One of the children lost consciousness twice, requiring an ambulance and oxygen treatment at hospital.

Following the incident, Jensen bought a carbon monoxide monitor and replaced the machine with an electronic ice resurfacer.

He appealed the fine and, before Judge Micheal Cahill in the County Court on July 6, it was reduced to $30,000 and $3752 in costs with conviction.

WorkSafe executive director of health and safety Andrew Keen said it was luck rather than good management that more significant injuries were not sustained.

“Carbon monoxide affects the body‘s ability to carry oxygen to organs and can be a silent killer,” he said.

“Because the gas is colourless, odourless and tasteless, it is extremely difficult to identify dangerous levels without suitable detectors.”