Alcohol-Based Hand Sanitiser Prosecution

We are all very familiar with hand sanitiser stations placed in every public building, since the Covid pandemic, but this is the first case we are aware of where a business has been charged over their lack of a risk assessment on its use and the alternatives they should have considered.

A federal government department has been charged with breaches of workplace safety laws for failing to control the fire risk posed by alcohol-based hand sanitiser.

The background to this case involves an incident in the National Science and Technology Centre, where a 9-year old student visitor suffered burns at Questacon in Canberra. The student was touching a plasma globe exhibit when the alcohol-based hand sanitiser ignited, causing burns to his hands and wrists.

The federal workplace safety authority, Comcare, found the student had used alcohol-based hand sanitiser supplied by Questacon, and a spark from the plasma globe ignited the chemical.

It is alleged the department breached its primary duty of care, and could have eliminated or minimised the risk by:

  • Removing its plasma globes after discovering the fire risk created by alcohol-based sanitiser, or

  • Limited the use and operation of the plasma globes to trained Questacon workers, or

  • Provided non-alcohol-based hand sanitisers, or

  • Provided portable soap and water handwashing stations instead of alcohol-based hand sanitiser; and

  • Warning visitors to the facility about the risk of spark ignition and fire.

During the Covid pandemic no one questioned alcohol-based hand sanitisers, and indeed the Health Department rejected use of non-alcohol hand sanitisers and insisted sanitisers contain at least 70% alcohol content. How quickly things change.

We will update readers on this case when it is concluded in the ACT Magistrates court. 

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