Energy Australia is facing legal scrutiny over a fire incident at its Yallourn power station but is defending itself by highlighting its long-standing safety record of over 20 years. WorkSafe, Victoria’s workplace safety regulator, has charged the company with failing to provide a safe working environment for employees following a fire that broke out on November 11, 2021, while maintenance crews were on their lunch break.
The fire erupted in the facility’s fuel distribution house, causing internal damage to various structures, but fortunately, no injuries were reported. During the maintenance activity, a designated “fire watch” was present; however, this individual was not required to monitor the site during breaks. Although the maintenance staff adhered to company protocols by hosing down the area before leaving, the fire alarm was triggered shortly after their departure.
Emergency response measures were quickly initiated, with deluge suppression systems activated and firefighters arriving on the scene. It took over an hour to gain control of the blaze. Subsequently, WorkSafe noted that the company’s procedures should have mandated the fire watch to conduct additional checks before leaving for breaks.
Energy Australia acknowledged its breach of the Occupational Health and Safety Act and pleaded guilty in the Victorian County Court. Company barrister Colin Mandy SC argued that given the comprehensive fire safety measures in place at the time, any offending should be viewed as minor. He highlighted that the company had maintained a flawless record regarding fire-related offences for 25 years prior to this incident and has continued to uphold safety standards thereafter.
Mandy emphasised the company’s commitment to operating safely, stating that it is a large organisation tasked with managing a complex and potentially hazardous environment, and asserts that it consistently strives to maintain high safety levels. He posited that the court has the option to impose a fine without a criminal conviction due to the company’s early guilty plea, historical safety compliance, and recent adherence to regulations.
In contrast, prosecutor Peter Matthews SC contended that the severity of the offence warranted a significant fine and a conviction. He argued that penalties for a corporation of Energy Australia’s magnitude should reflect the gravity of the breach. Judge Peter Rozen is set to announce the sentencing decision later in March, leaving both sides anticipating the outcome of the legal proceedings.