Energy Australia fined and convicted over Yallourn fire

Energy Australia has been convicted and fined for “needlessly” placing workers at risk after a fire broke out at its Yallourn power station.

The company was fined $170,000 in the County Court on Thursday after pleading guilty to failing to provide and maintain a safe working environment for its employees, in breach of the Occupational Health and Safety Act.

WorkSafe brought the charges after the 2021 blaze in Victoria’s east, where no one was injured but the fire caused internal damage.

Maintenance crews had left for their lunch break on November 11 when the fire broke out at the site’s fuel distribution house.

One person was acting as a “fire watch” during the maintenance works, however they did not have to continue monitoring the site during breaks or at the end of the day, a pre-sentence hearing was told.

The workers followed company procedures by hosing down the area before their break but the fire alarm was set off about 10 minutes after they left.

The power station’s suppression deluge systems were activated and firefighters were called, taking more than an hour to contain the fire.

Energy Australia’s barrister Colin Mandy SC had asked the court to spare the company a conviction because it was a low-level example of the offence and it had a strong safety record spanning 25 years.

Judge Peter Rozen agreed with prosecutors and found the offending was serious enough to warrant a conviction.

“It must not be forgotten in this context that the risk to the employer is essentially economic, whilst those to which the worker is exposed directly concern their physical or mental wellbeing,” he told the court.

“Too many employers continue to fail to heed this message and are not taking their safety responsibilities seriously enough.

“Workers continue to be needlessly placed at risk.”

Energy Australia and WorkSafe have been contacted for their responses.