Safework NSW v Hydromet Corporation Pty Limited; Safework NSW v Jeremy Perera

Safework NSW brought a prosecution against Hydromet Corporation Pty Limited and its director, Jeremy Perera, following an incident at the company’s battery recycling and hazardous chemical storage and processing facility. Two workers were seriously injured when a ruptured hose sprayed them with pressurised waste grade 98% sulphuric acid. The workers were not advised of the contents of the hose, and the incident arose from inadequate training, risk assessments, control measures, emergency procedures, and personal protective equipment. The Local Court was tasked with determining the appropriate penalties for the corporation and the individual, considering factors such as the objective seriousness of the offences, any mitigating or aggravating factors, the plea of guilty, and the principles of general and specific deterrence.

The court assessed the gravity of the offences, highlighting the serious nature of the injuries sustained and the significant health and safety breaches by the corporation. The lack of proper safety measures and communication contributed to the workers’ exposure to the hazardous acid. The plea of guilty by both the corporation and the individual was considered as a mitigating factor. The court also weighed the need for deterrence against the financial impact on the corporation and the individual. After considering these factors, the court decided that Hydromet Corporation Pty Limited should be fined $225,000, reduced by 25% due to the plea of guilty, and ordered to pay half of this fine to the prosecutor and the agreed costs of $44,972. Jeremy Perera was fined $45,000, also reduced by 25% due to the plea of guilty, and ordered to pay half of this fine to the prosecutor. Each party was ordered to bear its own costs.

The court’s final orders included a fine of $225,000 for Hydromet Corporation Pty Limited, with 50% of this amount to be paid to the prosecutor, and an additional payment of $44,972 for the prosecutor’s costs. Jeremy Perera was fined $45,000, with 50% of this amount to be paid to the prosecutor. Both parties were ordered to pay their own costs.