JCP Group Pty Ltd (trading as Great Aussie Caravans) is a caravan manufacturer with a workplace in Campbellfield. JCP has been sentenced to total fines of $60,000 after an employee was seriously injured in a pranking incident in May 2023.
On the day of the incident the injured worker was working on the factory floor near where a co-worker was dusting debris off himself with an air compressor. The co-worker placed the active nozzle of the air compressor against the rear of the workers pants. The injured worker felt pressurised air from the air compressor enter his body for two to three seconds and experienced immediate pain. He was taken to hospital where he was admitted for surgery to repair his perforated intestine. He remained in hospital for eight days with additional surgery and after-care anticipated. JCP did not notify WorkSafe of the incident.
Following WorkSafe’s investigation JCP was charged with two breaches of the OHS Act.
Charge 1 related to JCP’s failure to provide such information, instruction or training as necessary to enable employees to perform their work in a way that was safe and without risks to health as required by s.21(2)(e) of the OHS Act. JCP had failed to:
- inform employees of the risks associated with blowing compressed air onto their own or another person’s body.
- train employees on the safe use of the air compressor in the vicinity of other employees.
- instruct employees to not blow compressed air onto their own or another person’s body.
- instruct employees that if using compressed air for cleaning, use low pressure and wear eye protection.
Charge 2 was as a result of JCP’s failure to notify WorkSafe of a notifiable incident immediately after becoming aware that an incident had occurred at its workplace, and its failure to provide a written report of the incident within 48 hours as required by s.38 of the OHS Act.
In sentencing JCP the Court acknowledged that the injury resulted from inappropriate ‘prankster’ behaviour, and that in those circumstances the co-worker may have disregarded any training on the risks posed by compressed air, had he received that training.
It was also highlighted by the Court that the incident had significant physical and psychological impacts on the injured colleague, and general deterrence needed to be a significant factor in this case.
JCP pleaded guilty to the charges and was sentenced to pay a fine of $50,000 for their failure to provide information, instruction or training, and a fine of $10,000 for their failure to report a notifiable incident to WorkSafe.
In February 2025 the Sentencing Advisory Council released a report to the Victorian Government making 12 recommendations for reform regarding the sentencing of OHS offences in Victoria. This included significantly increasing maximum penalties for breaching OHS duties in line with community expectations. The Victorian Government is yet to provide a response to this report.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria