COMPANY FINED AFTER FIRST-YEAR APPRENTICE CATCHES FIRE

A 17-year-old first-year apprentice sustained serious, life-altering burns when his clothing caught fire as he was welding at CND Contractors, a metal fabrication company in Kyabram. WorkSafe Chief Health and Safety Officer Sam Jenkin said, “It’s heartbreaking knowing how easily this incident and the horrible consequences could have been prevented.”

In October 2023 the apprentice was fabricating a metal footing cage when welding sparks ignited his clothing. At the time of the incident the apprentice was wearing a welding helmet, a long sleeve shirt and a CND Contractors branded hoodie supplied by his employer. The remainder of his clothing was his own, including a pair of leather gauntlets that he was wearing to protect his hands and forearms from welding spatter.

When he realised that his clothing was on fire, the apprentice ran outside, dropped to the ground, and rolled in an attempt to extinguish the flames. When that was not successful, he ran back inside, shouting for help. Eventually, his co-workers used a hose to extinguish the flames. Following the incident the apprentice was airlifted to Melbourne, where he spent a month in hospital undergoing multiple surgeries and skin grafts to his stomach, chest, upper arms, neck, back, buttocks and hips.

WorkSafe’s investigation revealed that the CND Contractors hoodie was made from a polyester/cotton fabric that did not protect wearers from welding sparks. The company had no clothing policy and no policy enforcing appropriate personal protective equipment (PPE). They had not offered the apprentice a leather apron, leather clothing or full boiler suit.

A month before the incident the same apprentice’s CND hoodie had been burned whilst welding. CND Contractors clearly knew of the risks associated with welding yet failed to provide appropriate protection or supervision for the employee, who was only a few months into the first year of his apprenticeship.

At the time of the incident the maximum penalty for failing to provide a safe workplace or to provide adequate supervision was approximately $1.7M. The Shepparton Magistrates’ Court fined CND Contractors $30,000 with no conviction. The apprentice continues to suffer both emotionally and physically from widespread scarring, including mobility issues and tightness in his chest. The paltry fine handed down does nothing to reflect the seriousness of CND Contractors blatant disregard for the safety of a young apprentice.

Employers have a duty under the OHS Act to control the risks associated with welding activities in their workplace. Industry guidance requires that they must ensure that welding employees are provided with and use appropriate PPE (including but not limited to auto darkening helmets, long cuff welding gloves, fire resistant protective clothing, rubber soled boots and respiratory protective equipment when necessary), are trained in emergency procedures and that the workplace has fire safety equipment such as alarm systems, fire extinguishers, hydrants, hoses and fire blankets.

Apprenticeships Victoria advises that employers must provide supervision that enables apprentices to safely learn the standards of skill and knowledge needed for their qualification and their job. Safety supervision plays a key role in reducing injuries and fatalities in the workplace. The employer must nominate a supervisor who has appropriate qualifications, knowledge and skill and be a fit and proper person to supervise apprentice training.

Welding is a process that we know can be hazardous to the health and safety of employees and those in close proximity - WorkSafe Victoria provides welding guidance to assist employers in managing the risks and ensure that employees are safe. More information about the hazards of welding, including links to national and international guidance, can be found on our OHS Reps Welding - what are the issues? page.

Read more: WorkSafe Victoria | Apprentice catches fire

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