Mum reports TAFE after student injury

18 December 2007

Gordon Institute of TAFE has been placed on a two-year good behaviour bond after pleading guilty to workplace health and safety charges.

Apart from the bond, Gordon Institute of TAFE will report on the incident in its annual report, train staff and students in health and safety and introduce a register of students trained to use particular power tools.

WorkSafe last week prosecuted the Geelong-based TAFE for failing to report a serious injury to a student and not ensuring the site where it happened was not disturbed until WorkSafe arrived.

The TAFE prepared an internal incident report two days after the student was hurt, and a report for its insurer, but WorkSafe only heard about it when contacted by the student’s mother more than two weeks later.

WorkSafe told Geelong Magistrate Lionel Winton-Smith the student was helping another when his hand was hit by the blade of a power saw.

He had to undergo microsurgery after the incident in June 2006.

The student was doing a Certificate II in Building and Construction as part of Vocational Education and Training in schools (VET) program.

WorkSafe’s Executive Director John Merritt said failing to report a safety incident was a serious matter.

“It can mean the injured person does not get the support they need. It can also mean a proper investigation is not carried out, potentially putting others at risk.

“Failing to report a serious incident greatly increases the likelihood of prosecution,” Mr Merritt said.

“Young people are among the most vulnerable in the community whether as workers or trainees.  They have particular safety needs that must be addressed at all times.

“At this time of year when thousands of young people are entering the workforce, they need proper training and supervision to do their job safely.

“Just because it is a busy period does not take away this responsibility.

“While 10% of Victorian workers compensation claims are for workers in the 15-24 age group, ABS data shows this group has 20% of all work-related injuries or illnesses.”

RESOURCES:

WorkSafe’s Guide to Incident notification is available by calling the WorkSAfe Advisory Service on 1800 136 089 or by visiting www.worksafe.vic.gov.au.

WorkSafe has just released three new publications aimed at young workers and their employers.

The Work experience induction checklist, Training checklist for young workers, and Safety tips for young workers can be found on WorkSafe’s website.

The charges: 

Sections 38(1) and 38(5) of the Occupational Health and Safety Act 2004

Duty to notify of incidents

(1) An employer or self-employed person must notify the Authority immediately after

becoming aware that an incident has occurred at a workplace under the management

and control of the employer or self-employed person.

(5) An employer or self-employed person who contravenes sub‑section (1), (3) or (4) is

guilty of an offence and liable to a fine.

Section 39(1) of the Occupational Health and Safety Act 2004

Duty to preserve incident sites

 (1) An employer or self-employed person who is required to notify the Authority of an

incident that has occurred at a workplace must ensure that the site where it occurred is

not disturbed until—

(a) an inspector arrives at the site; or

(b) such other time as an inspector directs when the Authority is notified of the incident