A regional Victorian TAFE provider has been fined $20,000 without conviction after a heavy diesel mechanic apprentice suffered burns when his shirt caught fire during oxy-acetylene cutting.
In June 2024, a 19-year-old third-year apprentice attended the Sunraysia Institute of TAFE’s (SuniTAFE) Mildura campus for a week of training, as required every six weeks during his apprenticeship. While performing the oxy-acetylene cutting of a steel beam, the front of the apprentice’s 100% cotton shirt caught fire. Unable to extinguish the flames alone, he removed his clothing, suffering burns to his stomach, chest, neck, face and left hand in the process.
WorkSafe’s investigation found that although leather welding jackets were available in the classroom, students were only trained and required to wear them when undertaking arc welding. Training materials provided to SuniTAFE apprentice students identified goggles, boots and overalls as some standard personal protective equipment for oxy-acetylene cutting. Training materials also referred to protective clothing, such as aprons, and an instructional video recommended overalls buttoned to the neck and cuffs, alongside a protective apron.
Despite this guidance, leather protective clothing was not deemed mandatory for oxy-acetylene cutting.
It was reasonably practicable to expect SuniTAFE to reduce the risk of serious injury or death from sparks and flames by requiring students to wear a leather jacket or apron during the task, and following this incident, the institute has made leather welding jackets compulsory for all students when using oxy-acetylene cutting equipment.
The court imposed a $20,000 fine without conviction on SuniTAFE, noting the serious and lasting physical, social and psychological consequences for the injured apprentice.
In sentencing SuniTAFE, the court also acknowledged that existing industry standards and practices did not mandate leather jackets or aprons for the task, but SuniTAFE had accepted it should have operated to a higher standard.
This case highlights the importance of translating safety training into clear, enforceable requirements. Providing information about hazards and appropriate protective equipment is not necessarily enough - employers and training providers must ensure that controls are both suitable and mandatory where reasonably practicable to prevent harm.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria
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The Victorian Government has responded to the Sentencing Advisory Council’s 12 recommendations for reform regarding the sentencing of OHS offences in Victoria and legislated to increase maximum penalties for aggravated breaches of Section 21 of the OHS Act. The recommendation to increase all general duty offences is accepted ‘in-principle’. The Government will review effectiveness of the new penalties and consider further increases, however, there is no clear implementation timeline on this reform.