Engineering services company Buddco has been fined $600,000 over the death of a contractor in an ink tank at DIC Australia’s manufacturing facility in Sydney, NSW. The court was “not satisfied Buddco had accepted responsibility for its actions,” Safework NSW said.
The accident scene at DIC Australia in Auburn NSW (ABC-TV)
42-year-old Craig Tanner, a father of three from Engadine in Sydney’s south, died after becoming trapped in the ink holding tank despite frantic rescue attempts by emergency workers.
Buddco this week was found guilty in the District Court of New South Wales of a charge under section 19(1)/32 of the Work Health and Safety Act 2011.
“Engineering services company Buddco Pty Ltd has been fined $600,000 for breach of its work health and safety duty following an avoidable incident where contractor Craig Tanner suffered fatal injuries after entering an ink holding tank to clean it at a factory in Auburn in 2017,” said Safework NSW. “Mr Tanner suffered fatal injuries when an anchor blade was activated while he was in the tank, causing his leg to become trapped. Fellow worker Yatin Mehta entered the tank to assist and subsequently suffered serious injuries.”
Buddco had been engaged by DIC Australia to supply labour for maintaining and servicing the DIC ink manufacturing plant at Auburn. Buddco engaged Tanner to clean out the ink tank.
“The Court found that as the agitator was not electrically isolated, the risk of death or serious injury to a worker crushed by an anchor blade inside a holding tank was obvious and foreseeable,” Safework NSW said. "In accordance with the requirements under the Crimes (Sentencing Procedure) Act 1999, the Court noted it was not satisfied Buddco had accepted responsibility for its actions and its role in the death of Mr Tanner and the injuries suffered by Mr Mehta.
“The Court further found that while Buddco had a detailed written safety system in place for confined space work and tank cleaning, there was no standard or safe step-by-step procedure to ensure electrical isolation of the tank.
“The Court noted that Buddco had no previous convictions, was otherwise of good character and was unlikely to re-offend. Buddco has the right to appeal against the conviction and sentence.”
In April 2021, DIC Australia Pty Ltd, was convicted and fined $450,000 for breach of the Work Health and Safety Act 2011 in relation to the incident.
“SafeWork NSW extends its deepest sympathies to the families of those affected by this tragic and preventable incident,” said head of Safework NSW Natasha Mann. “SafeWork NSW is committed to ensuring workplaces across the state are operating at the highest possible standard to ensure workers are safe while working to prevent an incident like this ever happening again.
“Devastating outcomes like this should serve as a reminder for other companies to provide their workers with the safest possible working environment to ensure they make it home safe at the end of each shift.”
