Placement service fined following injury to apprentice
SafeWork SA (Boland) v Trainee and Apprentice Placement Service Inc (2016)
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 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.
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.
Please note: Case law is reported as correct and current at time of publishing. Be aware that cases in lower courts may be appealed and decisions subsequently overturned.
From the experts behind the Health & Safety Handbook, the Bulletin brings you the latest work health and safety news, legal updates, case law and practical advice straight to your inbox every week.