A Victorian carpentry company has been sentenced after being found guilty of eight charges under the Occupational Health and Safety Act, in addition to paying court costs of $5,715.

The case highlights the importance of incident reporting and ensuring PCBUs are aware of their responsibilities when it comes to incident reporting to the relevant safety authority.

In March, an apprentice carpenter at the site was injured when he attempted to catch a reciprocating saw thrown to him by a colleague. He suffered a deep laceration to his hand, which was treated on-site, but not reported to WorkSafe.

Later that day, the apprentice was working with the same colleague to construct a doorframe. They were facing each other at opposite ends of the frame, using nail guns. The colleague fired his nail gun, which perforated the top plate of the wooden frame and struck the apprentice in the forehead, resulting in a severe injury to his skull and brain. This incident was also not reported to WorkSafe.

Following the surgical treatment of the apprentice at the Royal Children’s Hospital, Victoria Police were alerted to the incident and notified WorkSafe, who attended the worksite and began their investigation. They found that the carpentry company had removed all tools, excluding one nail gun, before the inspectors arrived at the site.

In the court case following the investigation, Topline Carpentry was found guilty of failing to report both incidents, failing to preserve the scene, and failing to provide written reports to WorkSafe. The investigation also led to one count of failing to provide and maintain a safe system of work for the assembly of the doorframe, and obstructing an investigation by intentionally concealing the location or existence of the nail guns from WorkSafe inspectors.

WorkSafe Executive Director of Health and Safety Narelle Beer said that the case showed how vulnerable young workers can be: “I’m appalled at the conduct and actions of this employer towards a young, inexperienced worker who now has a permanent scar on his head and continues to experience discomfort.”

“This prosecution sends a strong message to employers, colleagues and families that this type of treatment and behaviour is unacceptable. WorkSafe will not hesitate to investigate and hold accountable anyone who acts in such a vile manner.”

The worker who threw the saw was fined without conviction separately.

The conviction and fine of the company highlight the importance of notifiable incidents and ensuring you follow the required processes in your state. For example, in Victoria, WorkSafe requires employers and self-employed persons to notify WorkSafe immediately after becoming aware a notifiable incident has occurred.

Failure to report an incident to WorkSafe is an offence and may result in prosecution, as in this example. In this instance, the incident was notifiable because the young worker required medical treatment for the initial laceration.