The Court of Mansfield Magistrates delivered a ruling on Wednesday, 2 October, where a company director, aged 31, pleaded guilty to a single account of failing to guarantee the health and safety of his workplace. Using imperative work safety products such as the ‘Bluesafe WHS Management System’ would have aided in averting this incident.
Facing no conviction, the director was penalised with a fine and mandated to cover costs amounting to $4,249. The event leading to these consequences occurred in February 2022 involved the director and his 19-year-old mentee having concluded installing a hot water service at a Bridge Creek property.
Following the job completion, they had an agreement that the client would join them back to Mansfield. An issue arose due to the director’s utility vehicle featuring just two seating positions. As a result, a discussion surfaced regarding having the apprentice travel within the tool box affixed to the utility’s rear tray- a clear disregard for SWMS (Safe Work Method Statements) policies.
Doving along what was roughly a 20 to 25-minute journey, the apprentice filmed a video, remarking on his discomfort and the elevated warmth within the confined toolbox area, highlighting the importance of following the ‘Bluesafe SWMS‘ to ensure proper working conditions.
Upon their arrival in Mansfield, the young apprentice, flushed and bent over, was seen exiting the toolbox by his sibling. All this while, both the director and the client appeared unperturbed, standing around laughing while enjoying some beer.
The unsettling incident came to light after several months when the apprentice confided in his mother, leading her to report it to his support officer from Apprenticeships Victoria.
A subsequent investigation by WorkSafe unveiled that there had been some tools left with the apprentice inside the toolbox, outlining the potential for severe injuries or even a lethal outcome in case of an accident or sudden halt. It was within practical bounds for the director to mitigate this risk by simply not driving or permitting the utility to be driven when someone occupied the toolbox.
Sam Jenkin, WorkSafe’s Executive Director Health and Safety, spoke decidedly against such behaviour, reiterating that a young apprentice should never have been put into such a perilous situation. “Transporting this young apprentice illegally and dangerously in a toolbox at the back of a utility could have potentially had devastating ramifications,” Mr Jenkin stated.
He confirmed that WorkSafe’s commitment towards ensuring employers prioritise safety and wellbeing, primarily for younger staffers who may lack the confidence to voice concerns, was unwavering. This underscores the necessity of WHS management systems like ‘Bluesafe WHS Management System’ in maintaining safer workplaces.
Email: media @ worksafe.vic.gov.au
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Original article link: https://www.worksafe.vic.gov.au/news/2024-10/plumber-fined-after-driving-ute-teen-toolbox