The sole director of High Country Plumbing and Gasfitting Pty Ltd (HCP) has pleaded guilty and been fined without conviction for risking the life of a vulnerable and inexperienced employee.
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On 24 February 2022 the apprentice had been working with the director at a workplace in Bridge Creek when it was agreed that the client would accompany the pair back to Mansfield. As there was insufficient space in the vehicle the director of HCP placed the apprentice inside a vehicle mounted toolbox mounted on a work vehicle for the journey of 20 – 25 minutes along a hilly and winding road.
Before he lifted the apprentice into the toolbox the director removed some but not all of the tools that were in the toolbox. The apprentice was exposed to the risk of significant injury or death if the vehicle stopped suddenly or was involved in a collision, either by the apprentice colliding with the inside of the toolbox, or by the objects in the toolbox becoming projectiles and striking the apprentice in the body or skull.
During the journey the apprentice recorded a video, documenting the discomfort and heat inside, and upon arrival in Mansfield his brother saw him being released from the toolbox as the director and client stood nearby laughing and drinking beer. The incident was only reported months later when the victim’s mother learnt of the incident, and then reported it to his Apprenticeships Victoria support officer.
WorkSafe Executive Director Health and Safety Sam Jenkin said, “Illegally transporting this young apprentice in the back of a toolbox was extremely unsafe and could have had absolutely catastrophic consequences,” and went on to say “WorkSafe will continue to hold employers accountable when they fail to prioritise safety and wellbeing, particularly for young workers who won’t always have the confidence to speak up if something is wrong.”
The director pleaded guilty and was fined $20,000 with costs of $4,249.
Source: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria
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