Company fined after teenage apprentice suffers severe welding burns

The Shepparton Magistrates’ Court sentenced CND Contractors Pty Ltd after it admitted one charge of failing to provide and maintain a safe system of work and another of failing to provide workers with necessary supervision. The fine was imposed without conviction, and the company was also ordered to pay $4,365 in costs.

The first-year apprentice was welding a metal footing cage in October 2023 when sparks ignited his clothing. He ran outside and tried unsuccessfully to put out the fire by rolling on the ground. With his clothing still burning, he returned inside and called for help. Co-workers extinguished the flames with a hose.

The teenager was flown to Melbourne and spent a month in hospital. He underwent several operations, including skin grafts to his stomach, chest, upper arms, neck, back, buttocks and hips. Widespread scarring continues to affect him physically and emotionally, with mobility problems and tightness in his chest.

When the incident occurred, the apprentice was wearing a welding helmet, a long-sleeved shirt and a company-branded hoodie provided by CND. He had provided his other clothing, including leather gauntlets that protected his hands and forearms from the flames.

WorkSafe’s investigation found the cotton-polyester hoodie provided inadequate protection for welding. CND had not introduced and enforced a clothing policy or requirements for adequate personal protective equipment (PPE). It also had not offered the apprentice a leather apron, leather clothing or a full boiler suit.

CND acknowledged that it was reasonably practicable to enforce appropriate PPE through a system of work and provide supervision to control welding risks and ensure workers wore the equipment supplied.

The court heard that the apprentice’s hoodie had also been burned during a welding task a month earlier, leaving damage to its front pocket. WorkSafe Executive Director of Health and Safety Sam Jenkin described the company’s failure to respond to that warning as unacceptable.

“The company clearly knew the risks associated with welding tasks and yet failed to enforce proper PPE or provide supervision, leaving a young man just a few months into his career with life-changing injuries,” Mr Jenkin said. He also highlighted employers’ responsibilities towards young workers: “Employers have a duty to protect all workers from harm and that duty is particularly significant for young apprentices, who are often relying on their employer’s experience and judgment to keep them safe.”

How Blue Safe can help: Our free WHS self-check can help you review your business’s approach to workplace safety and identify areas for closer attention, including worker supervision and protection. Take the free WHS self-check