Ignoring chemical spray label instructions proves costly

A spray contracting company operating in south west Victoria, its director and five employees are thousands of dollars worse off after pleading guilty to charges of using a herbicide spray inappropriately.

Aerial pictures taken by Department of Primary Industries (DPI) showed extensive damage caused when the contractors ignored instructions on the labels and sprayed a long lasting herbicide on a wet day at Mirranatwa, north of Hamilton.

DPI prosecutors told the court the contractors, hired by the company, had sprayed several properties when the ground was saturated.

This was contrary to the instructions on the labels and, as a result, the spray washed away from the target areas and damaged pastures on adjoining properties.

Magistrate Saines said, the buck stopped with the company and McEwens Contracting P/L and its director Patrick McEwen from Greenways (SA) were fined $3,000 each, with conviction.

They were also ordered to pay costs exceeding $1,300.

Ralph Domashenz from Thorndale (SA) and Trevor Wagner from Lucindale (SA) were fined $1,200 each, with conviction and to pay $1,300 costs.

Three others were placed on 12 month bonds, without conviction and ordered to pay $1,000 each into the court fund.

Under the deeming provisions of the law, both employers and directors of offending companies are liable where the offending was committed by their employees.

Magistrate Saines said, it was no excuse for the accused to say they were not aware of the damage that was being caused at the time of the spraying.

He said the lack of awareness was indicative of failure by the accused to understand the requirements on them.

DPI Chemical Standards Officer Neil Harrison said the case sent a strong message that failing to comply with prohibitive label statements would not be tolerated, and could have serious consequences.

“All chemical users should read and understand the labels of chemical products before they use them, and comply with the label directions,” Mr Harrison said.

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