The explosion, on 17 August 2005, in Barton Street, Monterey, damaged homes, shattered car windscreens and showered glass and debris across roofs and backyards.

A 64-year-old air conditioning technician, rendered temporarily unconscious in the blast,  escaped before the service vehicle was engulfed in flames.

The man suffered from glass embedded in his skull, lacerations to his hands and ears requiring 20 stitches, concussion and continuing tinnitus, and is still receiving treatment for psychological injury and post traumatic stress.

In the NSW Industrial Court this week (Wednesday 16 April), the man’s employer, Victorian-based Carrier Air Conditioning Pty Ltd was convicted of  failing to ensure the health and safety of its workers under the OHS Act 2000.

An extensive investigation by WorkCover NSW, including its TestSafe Australia facility at Londonderry, concluded that the explosion was most likely caused by gas leaking from an acetylene cylinder being ignited by a spark from a faulty electrical circuit.

The investigation also revealed that, at the time of the incident, Carrier Air Conditioning did not have a company policy on quantities of compressed gases carried in service vehicles, or in relation to checking compressed gas cylinders for leaks.

There were no policies in place as to how the gases were stored in the service vehicles or in relation to ventilation of the service vehicles.

The company failed to comply with WorkCover Improvement Notices directing it to provide adequate ventilation in storage vehicles carrying flammable material until September 2006.

Referring to these delays, Justice J Marks commented: “I am not satisfied on the basis of the evidence that this defendant committed itself in a timely and appropriate fashion to removing the risk which was exposed by this incident, and in complying with the WorkCover requirements.

“For the same reason, I cannot be persuaded that there was total co-operation by the defendant with the WorkCover Authority in and about its investigation. There can be no suggestion that what was required by WorkCover was unreasonable or inappropriate.”

The company was ordered to pay a moiety of the fine and costs to WorkCover NSW.

WorkCover CEO Jon Blackwell said: “This case highlights the serious risks created when flammable gases are stored in inadequately ventilated vehicles, and the vital importance of complying with the regulations.

“An employee is suffering long-lasting effects from the injuries he received in the explosion, which could also have had a far more serious impact on passers-by and local residents,” said Mr Blackwell.

Media contact: John Kirby or Wendy McKenzie (02) 4321 5474 or 0413 186 799