Carter Capner Law monitors workplace accidents throughout Australia to spotlight safety issues of concern to our clients and to demonstrate those situations in which they may have a right to an insurance or compensation recovery. We act for workers and contractors throughout Australia. Call today on 1300 529 529 or click here to reach Carter Capner Law.
Introduction
Adams Distillery, a prominent gin and whisky producer based in Tasmania’s north, is currently on trial at the Launceston Magistrates Court over a 2021 fire that left one of its workers severely injured. Greg Longmore, who joined the distillery just weeks before the incident, sustained burns to 40 per cent of his body when a gin still caught alight during production. The prosecution argues that the company failed to adequately train Mr. Longmore or provide sufficient supervision, while defense lawyers counter that trauma-induced memory loss has distorted his recollection of events.
Magistrate Evan Hughes will deliver his verdict at a later date, but the case centers on whether Adams Distillery fulfilled its duty to ensure the safe operation of its equipment and processes.
Details of the Incident
The incident occurred in February 2021 at Adams Distillery’s facility in Perth, where Mr. Longmore had recently begun working. According to the prosecution, Mr. Longmore followed incorrect procedures while producing gin, which involves mixing ethanol, water, and botanicals. Specifically, he lit the burner at the wrong stage of the process, causing the still to catch fire.
Mr. Longmore spent eight weeks recovering in hospital, including time in intensive care at the Royal Hobart Hospital. He testified in court that he could not recall the day of the incident due to post-traumatic stress disorder (PTSD) and associated memory loss. His last clear memory was from the night before, and his next was waking up in ICU.
Training Allegations and Testimonies
At the heart of the case lies the adequacy of Mr. Longmore’s training. Prosecutors argue that Adams Distillery neglected to properly educate Mr. Longmore, who lacked prior experience in distilling, about the safe handling of ethanol and fire risks. They claim he was allowed to operate machinery without adequate supervision, leading to the catastrophic event.
Defence lawyer Geoff Diggins countered this argument, suggesting Mr. Longmore’s inability to remember details stemmed from trauma-induced memory loss rather than insufficient training. Evidence presented included CCTV footage showing Mr. Longmore correctly following steps to produce gin the day before the incident. Both founders of Adams Distillery—Adam Saunders and Adam Pinkard—testified that Mr. Longmore underwent comprehensive technical training, including safety considerations, under Mr. Saunders’ supervision.
However, discrepancies emerged during cross-examination. While Mr. Saunders initially told WorkSafe Tasmania inspectors that he had not conveyed the seriousness of working with ethanol and fire to Mr. Longmore, he later claimed he explicitly instructed him to turn on the burner last. These contradictions may influence the magistrate’s final decision.
Impact on Worker and Business
For Greg Longmore, the consequences of the fire extend beyond physical injuries. Diagnosed with PTSD, he continues to grapple with memory loss and emotional distress stemming from the traumatic event. Meanwhile, Adams Distillery faces potential penalties if found guilty of breaching workplace health and safety laws.
Founded in 2015 by Adam Saunders and Adam Pinkard, Adams Distillery prides itself on high-quality spirits and adherence to safety protocols. However, this case raises questions about the effectiveness of their training programs and supervisory practices, particularly for new hires unfamiliar with distillation processes.
Legal Considerations and Broader Implications
This case highlights the critical importance of thorough training and supervision in industries involving hazardous materials like ethanol. Employers must ensure employees fully understand both operational techniques and associated risks before being entrusted with potentially dangerous tasks.
Workplace Health and Safety Tasmania mandates strict compliance with regulations designed to protect workers from harm. Failure to adhere to these guidelines can result in severe legal and financial repercussions for businesses, as well as life-altering consequences for affected individuals. As Magistrate Evan Hughes deliberates, the outcome of this case could set a precedent for similar incidents across Australia.