The company - Centre Scrap Metal Pty Ltd, trading as Omega Metal Recyclers, was sentenced in the Bendigo Magistrates Court after an incident in September 2020 that left one of its employees with horrific burn injuries.

On September 16, 2020 Scott Glenn O'Keefe was working as an excavator driver at the Baldock Court business. He was using the excavator to grasp a vehicle LPG fuel tank and place the tank in an open area. When he struck the LPG fuel tank with the excavator grab attachment, a large amount of gas escaped from the LPG fuel tank and it caught on fire, causing a large explosion.

Mr O'Keefe was engulfed in flames, before he was doused with water and later airlifted to the Alfred Hospital in a serous condition.

The court heard the offences were not only serious because of the terrible consequences suffered by Mr O'Keefe, but that his injuries illustrated the extent of the risk he was exposed to as a result of his employer's breach.

The court heard of the emotional and psychological impact of the explosion on the victim and his partner and children in statements read aloud by Magistrate Huynh.

Mr O'Keefe had ongoing physiotherapy, skin grafts, and scarring. He had difficulty sleeping due to itchy and uncomfortable skin, and experienced nightmares.

He had missed out on milestones and could not hold his children without being in pain or discomfort.

His partner said 'our lives have been forever changed because of this,' and that their children could not understand why their father was different.

A Victorian Workcover Authority submission to the court claimed the risks associated with the ignition of LPG tanks were well-known and well understood in the scrap metal industry at all relevant times, claiming 'the accused fell substantially short of its statutory duty to ensure safety.'

The business pleaded guilty before Magistrate Trieu Huynh to breaching the Occupational Health and Safety Act 2004, the Occupational Health and Safety Regulations 2017, and the Dangerous Goods Act 1985.

The court heard the business failed to provide systems of work that were reasonably practical and safe to health and staff were not trained adequately.

The business provides car metal scrap yard services, which includes receiving cars which are stripped for metal parts.

"There were reasonable precautions that could've been taken that weren't taken," Magistrate Huynh said.

He said it was reasonable for businesses to eliminate the risk to their employees.

Magistrate Huynh told the court, the 'employer fell short of its statutory regulations.'

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A Go Fund Me page set up for Mr O'Keefe in September 2020 has raised $14,636.

Mr Huynh convicted and fined the business $50,250 and ordered them to pay $4151 in costs.

He said the sentence he imposed needed to draw on the importance of workplace safety, but also took into account their plea of guilty.

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