Beware of hot water before you land in it.

Aug 2013

A disability services worker, Kerry Royals, was fined $6,300 (after a 30% discount for early guilty plea and other relevant matters) and a criminal conviction recorded for significantly departing from what was required of her in her position as a carer, resulting in a client receiving serious burns to her body from scalding hot bath water. This was a breach of the Occupational Health, Safety and Welfare Act 1986    (SA)  (   now repealed)

In the case of Russell v Royals  [2013] SAIRC 34. The South Australian Industrial Relations Court has handed down its judgment in  a case where, the worker, who was aware that the client had intellectual and physical disabilities, ran a bath for the client and did not check the temperature before the client entered the bath tub, and received burns from hot water. The client had limited communication skills and required close supervision during bathing as she was at risk of drowning due to her epilepsy.  The worker was also aware of the employer’s specific requirements as to how to run a bath, to supervise the client when she was in the bath, and to not permit her to get into the bath until the water temperature had been adjusted.  

At all material times Royals was aware that, in relation to the bathing of its clients, the Department required Royals to: 

a) closely monitor the water temperature when running a bath to avoid burning or scalding clients;

b)  turn the cold water tap on first when running a bath for a client;

c)  regulate the temperature of the bath water by adding hot water until an appropriate bathing temperature was reached, and

d)  not to permit a client to get into a bath before the water temperature had been appropriately adjusted.

Royals had been distracted by other residents requiring attention.

Despite the department procedures, the worker failed to check the temperature of the bathwater, and left the client unsupervised for approximately 15 minutes. As a result, the client suffered burns to 37% of her body, had to undergo a number of operations, and had uncontrollable seizures for some time after the incident.

The Court found that the worker was engaged in a position of trust in that her role was to care for clients who required ongoing support due to intellectual and physical disabilities. The worker had breached the now repealed Occupational Health, Safety and Welfare Act 1986 (SA) because she completely failed in a very basic task of checking the temperature of bathwater that she had prepared for the client, and her actions at the time of the incident must be regarded as a serious departure from what was required of her in her position as a carer

Summary of penalties 

“Taking into account all matters put to me by counsel for the defendant as well as those matters to which a sentencing court should have regard pursuant to s 10 of the Criminal Law (Sentencing) Act 1988 I impose the following penalties:

A conviction.

A fine (after 30% discount):                    $6,300.00

Court costs:                                                     $214.00

Victims of crime levy:                                     $160.00

Counsel fee (payable to SafeWork SA):    $800.00 

TOTAL:                                                              $7,474.00