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CASE LAW - APPRENTICE INJURY |
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PLACEMENT SERVICE FINDED FOLLOWING INJURY TO
APPRENTICE |
A prosecution was brought against Trainee and Apprentice Placement
Service Inc., a not-for-profit organisation that places apprentices in
the construction industry with host employers. In January 2014, the not-for-profit placed an apprentice with a construction company, but failed to consult with that business regarding its safety systems. The apprentice was severely injured when a section of guttering he was handling came into contact with live powerlines. The Verdict The not-for-profit pleaded guilty to breaching section 46 of the Work Health and Safety Act, which requires a person conducting a business or undertaking (PCBU) to consult, cooperate and coordinate with other PCBUs over safety matters. The not-for-profit was penalised $12,000 and was also ordered to pay court costs. The construction company itself was not prosecuted as it had gone into liquidation. The Lesson You must not forget that you have a statutory duty to consult, cooperate and coordinate with other PCBUs where you share a responsibility over safety. This duty applies even if your organisation is a not-for-profit, as long as the organisation has employees and is not made up entirely of volunteers. Interested in reviewing you safety management system and putting its implementation to the test? Click here to contact us today. |
| This article is © 2015 Portner Press Pty Ltd and has been reproduced with permission of Portner Press, Australia. It was first published in the Health & Safety Handbook | close window |
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