Heavy industrial company fined $350,000 over serious injuries to worker

Last updated: 10 December 2024

A Hope Valley heavy industrial company has been fined $350,000 on two charges (and ordered to pay $5295 in costs) over causing serious injuries to a 16-year-old apprentice and not reporting the injury.

National Steel Workplace Pty Ltd pleaded guilty to failing to provide and maintain a safe work environment and, by that failure, causing serious harm to a worker, and was fined in the Rockingham Magistrates Court yesterday. National Steel also pleaded guilty to failing to notify the Commissioner of that injury.

The company manufactures and supplies structural steel for the residential construction industry, and the Hope Valley premises include a workshop where machine operators, welders, fabricators, yard hands and delivery drivers are employed.

In July 2021, the apprentice was instructed to perform small welding work in a welding bay. He was wearing an undershirt, work shirt and hi-vis hoodie, with protective equipment of a welding helmet, respirator and welding gloves.

He later replaced the hoodie with a with a hi-vis tradie jacket, and during his next weld he felt heat on his arm. When he removed his helmet, he discovered that his jacket, shirt and undershirt were on fire.

He lay down in a puddle of water on the ground to extinguish the flames, but by that time had suffered serious burns to his abdomen, chest and hand requiring two surgeries with skin grafts, long term pain and an infection, and post-traumatic stress disorder.

The apprentice did not return to work at National Steel, and the company did not notify WorkSafe of the injury as was required under the laws at that time. WorkSafe only became aware of the incident in November 2021 when an inspector paid a proactive visit to the workplace.

WorkSafe Commissioner Sally North said today the case sends a strong message to workplaces in which welding is carried out to ensure workers use all appropriate personal protective equipment and that young and new workers are provided with training and supervision in all workplaces.

“The 16-year-old involved in this incident should have been closely supervised given his young age and minimal experience and should have been provided with fire-retardant clothing and instructed to wear a welding apron,” Ms North said.

“In addition, he did not receive a formal induction that included instruction on workplace safety, nor was he given any safety induction documents.

“He was not issued with company-supplied protective clothing, as his employment began after the annual allocation of long-sleeved fire-retardant cotton work shirts.

“No senior staff member was constantly supervising the apprentice at the time of this incident. His supervisor walked past him a number of times but did not instruct him to wear an apron despite being aware of the risks of hot work such as welding.

“The young man’s clothing had previously caught fire and he was subsequently given a leather welding apron, but no policy was enforced that required workers to always wear the apron or a welding jacket while welding. Not all welders at the workplace wore aprons when welding.

“A job safety analysis had been prepared for welding that specified the protective equipment required, but this was not enforced.

“It’s not enough to simply have safety rules – they need to be implemented.

“WorkSafe’s website contains guidance on both hot work safety and new and young workers, and I encourage employers to take a fresh look at their safe work procedures in line with that guidance and in consultation with workers.”