$30K fine after 17-year-old apprentice catches fire while welding

In Victoria, after a 17-year-old apprentice suffered horrific burns when his clothes caught fire while welding, a metal fabrication company has been fined $30,000.

The incident

The incident occurred in October 2023 at a Kyabram factory when, while fabricating a metal footing cage, a first-year apprentice caught fire when sparks from the welding process ignited his clothing.

The apprentice — having run outside after realising he was on fire — attempted to extinguish the flames by rolling on the ground but was unsuccessful. He then ran back inside, still alight, and shouted for help before co-workers used a hose to put out the flames.

Airlifted to Melbourne, the 17-year-old spent a month in hospital, undergoing multiple surgeries that included 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 the company, CND Contractors Pty Ltd. The rest of the clothing worn had been supplied by the apprentice himself and included leather gauntlets, which protected his hands and forearms from the fire.

WorkSafe Victoria investigation and fine

The hoodie, which was a blend of cotton and polyester, did not offer sufficient protection for welding, a WorkSafe Victoria investigation found. It was further revealed that CND Contractors did not implement and enforce a clothing policy or requirements for sufficient PPE, and did not offer the apprentice a leather apron, leather clothing or a full boiler suit.

It was reasonably practicable, CND Contractors admitted, 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. A month before the incident, the court heard that the same apprentice’s hoodie had been burned during another welding task, damaging the front pocket.

“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,” said Sam Jenkin, WorkSafe Victoria Executive Director of Health and Safety. “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 judgement to keep them safe.”

On 13 August, CND Contractors was sentenced in the Shepparton Magistrates’ Court 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 $30,000 without conviction and ordered to pay costs of $4365.

To control risks to operators undertaking welding, WorkSafe Victoria advised that 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; and
• workers have been trained in emergency procedures.
   

Image credit: iStock.com/Toa55. Stock image used is for illustrative purposes only.