A lack of training on the risks and hazards associated with the work he was undertaking, and a lack of supervision resulted in the death of an 18-year-old apprentice, according to a recent case. Juniors are a wonderful resource for businesses, but businesses must have a heightened safety awareness.
“In this case the worker, who was in his first week of work as an apprentice, was left alone in the truck workshop and instructed to perform odd jobs. When he had finished the assigned tasks, he proceeded to continue with the same task he had been doing for the previous few days, working on the truck cabin”, explains ACAPMA’s Elisha Radwanowski.
“What he had not been told was that the truck had a manual locking pin that was required to be placed into the arm to prevent the truck falling if the arm was nudged even lightly. The business was unaware of this pin being in use on this vehicle as it did not conduct the appropriate inspections before hoisting the client’s vehicle”, continued Elisha.
“While he was working on the cab, the junior worker nudged the arm and the cabin fell on him crushing him to death”, added Elisha.
In handing down the decision, the Judge noted that “the risk associated with working underneath the raised cabin of a tilt cab truck is glaringly obvious…there were simple, available and straightforward steps which could have been taken to immediately avoid the risk”. She noted further that, “I find it very difficult to understand how [the director] could leave a very vulnerable young worker, on his own in the workshop, on his eighth day of work, unsupervised and with no other persons present, for some hours, when he [the director], did not inspect the cab tilt stay system, and made incorrect assumptions as to the availability of control measures”.
In ordering the penalty of $375,000 plus $32,600 in costs, the Judge noted “that a blatant disregard for safety of a vulnerable worker will not be tolerated”.
Lessons for all businesses
“All checks and inspections matter and supervision is not optional for inexperienced or untrained staff. This is even more important for junior staff”, explains Elisha.
“Supervision is a risk control and it must be utilised for all untrained or inexperienced staff. Tasks and directions must also be modified to reflect the untrained and inexperienced nature of the staff. In this case the direction to undertake the odd jobs should have been accompanied by a clear instruction to stay away from the vehicle, though in this case the lack of inspection of the vehicle made it an unacceptable hazard just being in the workshop”, continued Elisha.
Here to help
Safety Highlights are things to consider, implement and watch out for in your business. They are provided as general information for you to consider and do not constitute advice. You should seek further advice on your situation by contacting your legal advisor. ACAPMA members can access resources and receive advice, guidance and support from the ACAPMA employment professionals via employment@acapma.com.au, it is free for members. ACAPMA Membership delivers this and more benefits, see https://acapma.com.au/membership/ for more information.
Elisha Radwanowski BCom (HRM&IR)
ACAPMA
