A metal fabrication company has been fined $30,000 after a 17-year-old apprentice suffered horrific burns when his clothes caught fire while welding at a Kyabram factory.
CND Contractors Pty Ltd was sentenced in the Shepparton Magistrates’ Court today after pleading guilty to one charge of failing to provide and maintain a safe system of work, and one charge of failing to provide workers with necessary supervision.
The company was fined without conviction and ordered to pay costs of $4,365.
In October 2023, the first-year apprentice was fabricating a metal footing cage when sparks from the welding process ignited his clothing.
After realising he was on fire, the apprentice ran outside and attempted to extinguish the flames by rolling on the ground, but was unsuccessful. Still alight, he ran back inside and shouted for help before co-workers used a hose to put out the flames.
The teenager was airlifted to Melbourne and spent a month in hospital, undergoing multiple surgeries including skin grafts to his stomach, chest, upper arms, neck, back, buttocks and hips. He continues to suffer both emotionally and physically from widespread scarring, including mobility issues and tightness in his chest.
At the time of the incident, the apprentice was wearing a welding helmet, a long sleeve shirt and a branded hoodie supplied by CND. He had supplied the rest of his clothing himself, including leather gauntlets which protected his hands and forearms from the fire.
A WorkSafe investigation found that the hoodie, which was a blend of cotton and polyester, did not offer sufficient protection for welding. It was further revealed that CND did not implement and enforce a clothing policy or requirements for sufficient personal protective equipment (PPE), and did not offer the apprentice a leather apron, leather clothing or a full boiler suit.
CND admitted it was reasonably practicable to have implemented a system of work that enforced appropriate PPE, and to have provided supervision to manage the risks associated with welding and ensure workers used the PPE supplied.
The court heard that a month before the incident, the same apprentice’s hoodie had been burned during another welding task, damaging the front pocket.
WorkSafe Executive Director of Health and Safety Sam Jenkin said the company’s failure to act despite the earlier warning was 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. “It’s heartbreaking knowing how easily this incident and the horrible consequences could have been prevented.”
“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.”
To control risks to operators undertaking welding, employers should ensure:
- Operators hold an appropriate certificate or have had required training or experience.
- The welding area and equipment is dry before work starts.
- Operators are adequately supervised by a certified welding supervisor.
- Operators never weld near flammable substances.
- Electrodes and welding wire in their holder or the welding guns are never touched with bare hands.
- Operators never hold welding guns under the armpit.
- Operators are provided with and use appropriate PPE (including but not limited to auto darkening helmets, long cuff welding gloves, fire resistant protective clothing, rubber soled boots and respiratory protective equipment when necessary).
- Fumes and gases are removed from the breathing zone through ventilation.
- Welding equipment is regularly inspected and maintained.
- The workplace has fire safety equipment such as alarm systems, fire extinguishers, hydrants, hoses and fire blankets.
- Workers have been trained in emergency procedures.
Source: WorkSafe Vic
