A munitions factory that exploded, killing three workers, was a disaster waiting to happen, a court has heard.
South Australian Industrial Magistrate Michael Ardlie on Wednesday imposed the near maximum fines in relation to the deaths of the three men at the Gladstone plant, in South Australia's mid-north, in May 2006.
He also lashed Quin Investments, the company that operated the facility, and its boss, Nikolai Kuzub, for showing little remorse.
Mr Ardlie said what little regret and contrition they did show came only after they were found guilty of breaching workplace safety laws.
"This, in my view, is a bare minimum and a case of too little too late," he said.
Killed in the explosion more than four years ago were Damian Harris, Matt Keeley and Darren Millington.
They were making water gel explosives and the blast was triggered as they combined the liquid and dry ingredients.
As well as killing the three men and wounding two other workers, the explosion completely demolished the building they were in and threw items of equipment up to 600 metres away.
In June, Mr Ardlie ruled that poor maintenance and the careless storage and use of dangerous materials, including TNT, was to blame as he found the company and Mr Kuzub guilty on two counts of breaching safety laws.
He said the blast occurred after a hot spot developed in a mixture of dry ingredients in a blending machine that had not been properly serviced.
In his sentencing remarks, Mr Ardlie said the company and Mr Kuzub totally failed in their obligations to provide a safe working environment and criticised the lack of maintenance and safety procedures.
"I can only say that the operation of the factory was a disaster waiting to happen," he said.
He imposed fines of $95,000 on both Quin Investments and Mr Kuzub, and also ordered they pay a total of $40,000 in compensation, to be shared among the relatives of the three victims.
The maximum fines possiblewere $100,000 each, though the SA government has since increased that to $300,000.
Outside court Damian Harris' father, Gary, said all the families involved had wanted to know what happened and wanted the company held to account.
"But as far as the fine goes, what's money compared to lives?" he said.
"I guess we're walking away knowing what happened and that something has been done about it."
Both the company and Mr Kuzub have indicated they will appeal against the magistrate's rulings in the case.
This highlights the importance of ensuring that companies have adequate safe systems of work, safe plant and equipment and have provided information, instruction and training to workers. This is an incident which could have been prevented had the employer fullfilled their obligations. The failure to do so when lives are lost are a complete disregard of corporate responsibility. Shame on them!
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