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A sole director of a plumbing company has been fined for driving his ute with a teenage apprentice in a toolbox.
A 31-year-old plumbing director was sentenced in the Mansfield Magistrates Court after pleading guilty to a single charge of failing to ensure that a workplace under their management or control was safe and without risks to health.
In February 2022, the director and his 19-year-old apprentice had finished installing a hot water service at a property in Bridge Creek when it was decided the client would accompany them back to Mansfield.
It was relayed in court that there were only two seats in the directors’ work ute, which were taken up by the director and the client. This resulted in a discussion about transporting the apprentice in the toolbox mounted on the rear tray.
The duration of the trip back to the yard was estimated to be a 20- to 25-minute journey, as the apprentice recorded a video, commenting on the discomfort and heat inside the confined space.
As the trio arrived at Mansfield, the apprentice’s brother witnessed him being released from the toolbox, hunched over and with a red face from the heat inside. While the apprentice climbed out, the director and client stood nearby, laughing and drinking beer.
Several months later, word got back to the apprentice’s mother regarding the situation, which led to her subsequently informing his Apprenticeships Victoria support officer about the ordeal.
Despite the apparent apprentice hazing that the director and client thought was amusing, the WorkSafe investigation failed to find the comedy in the situation. Upon further review, the investigation found some tools had been left in the toolbox that the apprentice resided in, which could have led to a serious injury or death if the ute was involved in a collision or stopped suddenly.
WorkSafe executive director of health and safety Sam Jenkin said there was no excuse for putting a young apprentice in such a dangerous and vulnerable position.
“Illegally transporting this young apprentice in the back of a toolbox was extremely unsafe and could have had absolutely catastrophic consequences,” said Jenkin.
“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 company director was fined $20,000.
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Apprenticeship is a work agreement that includes both official study time with a certified training organisation, like TAFE, and on-the-job training.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
