The Court of Criminal Appeal upheld the Attorney General's appeal against the February 2016 decision of the District Court to dismiss SafeWork NSW's charge for a breach of the Work Health and Safety Act against Tho Services Limited.
The Court imposed a fine of $240,000 against Tho Services for a breach of section 32/19(1) of the Work Health and Safety Act 2011.
The charge related to an incident on 11 March 2013 when a 15 year old male year 10 work experience student sustained permanent loss of vision to both eyes as a result of 'flash burn' from welding without eye protection.
SafeWork NSW's investigation found that the work experience student received a visitor's induction and job safety guide for metal fabrication but was given no information or instruction on how to wear and use a manual welding helmet which required the eye protection visor to be manually pulled down over his eyes while welding.
He then spent part of the day welding without the eye protection visor down. He complained of blurred vision at the end of the day and was later diagnosed with permanent loss of vision to both eyes as a result of "flash burn" from welding without eye protection.
Executive Director of SafeWork NSW, Peter Dunphy welcomed the Court of Appeal's decision which ensures the business is held to account for the permanent and devastating injuries to the young and vulnerable worker.
"This incident represents a major failure in work health and safety systems in relation to training, instruction and supervision which has left a young worker with devastating, life-long injuries," Dunphy said.
"As a result of the incident, the student was off school for six weeks, required visual aids to assist with school work and can no longer play football or cricket because he cannot see the ball.
"I welcome the Court of Appeal's decision which sends a strong message to the entire business community of the need to provide young, vulnerable workers with appropriate induction and safety training so that tragic incidents like this are not repeated."
During 2011/12 12 per cent of all injuries in NSW workplaces occurred among young workers with 19,561 workplace injuries and seven fatalities.
Further information on young worker safety is available on this website or by calling 13 10 50.
