Man loses fingers after discharging abandoned flare

Background

A 64-year-old man has seriously injured his hand and lost four fingers after he discharged a distress signal found in a hard waste bin on a nature strip in Heyfield. It is believed the distress signal had passed its expiry date and malfunctioned when the man discharged it at a local park.

It is an offence to discharge a distress signal without a reasonable excuse. If a person is found to possess a distress signal without a reasonable excuse, it may be seized by an inspector or a police officer, and they may also be prosecuted.

Safety issues

Distress signals are pyrotechnic devices that are used for:

• signalling
• warning
• rescue purposes.

The most common example is using distress signals on recreational marine vessels. Distress signals should be used in emergency situations only.

Distress signals contain a small explosive charge and burn at high temperatures. Incorrect use can cause:

• injuries to people (such as burns and eye injuries)
• harm to property.

Distress signals are not designed to be used in public areas on land and should not be let off or thrown towards people or property.

It is essential that distress signals are stored securely and disposed of safely.

Recommended ways to control risks

To control the risks associated with the incorrect use of distress signals, users should pay attention to:

• Storage – distress signals should be stored in original packaging, in a cool and dry place and in accordance with the manufacturer's instructions.
• Usage – to avoid burns and eye injury, all users should follow the manufacturer's instructions printed on the distress signals.
• Expiry – all distress signals come with an expiry date. Distress signals should not be used if they have expired, as this can affect their safety and efficiency.
• Safe disposal – expired distress signals that have been obtained for personal use may be disposed of in the following ways:
  • Handed into a local Victoria Police Station.
  • Returned to the place of purchase, if the retailer allows.

Legal duties

The Dangerous Goods Act 1985 and the Dangerous Goods (Explosives) Regulations 2022 set out duties for users of distress signals, including that:

• a person must not possess or discharge a distress signal without a reasonable excuse. If a person is found to be in possession of a distress signal without a reasonable excuse, the distress signal may be seized by an inspector or a police officer, and they may face prosecution
• a person disposing of distress signals because they are expired, deteriorated, damaged, or where the person no longer has a reasonable excuse to possess the distress signal, must take all reasonable precautions to ensure a safe disposal method. The person disposing of the distress signal must also take all reasonable precautions to ensure the disposal of the distress signal causes no injury to a person nor damage to any property.

Not complying with either of these duties may constitute an offence under section 45 of the Dangerous Goods Act and may lead to significant financial penalties.