Restaurant owners fined for operating unsafe gas appliances, putting patrons at risk

The owners of a popular Korean restaurant in Darwin were recently fined $12,000 for operating unsafe gas appliances and putting their patrons health and safety at risk.

Family partnership C.J LEE & D.J LEE, which operated the now closed Little Miss Korea restaurant, entered an early guilty plea to a consolidated charge under Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 for failing its primary duty of care under Sections 19(2), 19(3)(b) and 19(3)(d) of the Act.

In September 2022, NT WorkSafe commenced an investigation after five patrons dining at Little Miss Korea were burnt from a flash fire. At the time of the incident, the patrons were cooking their food using a charcoal BBQ grill unit when the flash fire occurred.

NT WorkSafe’s investigation found the BBQ grill was equipped with a gas burner fuelled by a butane gas cartridge used for igniting the charcoal.

The investigation found the design of the BBQ grill exposed the butane gas cartridge to radiant heat from the heated charcoal due to the close proximity of the gas cartridge compartment and charcoal basin. 

This created a risk to health and safety if the butane gas cartridge over pressurised, leading to an explosion or fire.

The investigation found on the night of the incident, the gas burner was not used as the charcoal was ignited in the kitchen and brought to the table and placed in the BBQ grill. 

Despite this, the butane gas cartridge was left in the cartridge compartment in the BBQ grill.

“Gas appliances that do not comply with the Australian Standards, and have not been approved by either of the three agencies name should not be used,” said the NT WHS regulator, Peggy Cheong.

“Butane gas cartridges are also classed as hazardous and a dangerous good, with employers and workers needing to familiarise and follow the manufacturer’s safety information to ensure the cartridges safe use,” said Cheong.

“The risk of butane gas cartridges exploding should not be dismissed as a remote possibility. Four months ago a kitchen worker in Palmerston was injured when a butane gas cartridge exploded.

“NT WorkSafe’s preliminary finds into that incident indicated the butane gas cartridge was stored in a compartment of a commercial oven and exploded possibly due to radiant heat from the appliance.”