Recent court action in several Australian States highlights the importance of properly supervising young and inexperienced workers. A workshop manager was personally fined $35,000 after two separate incidents resulted in serious injuries to young employees.
What Happened?
Incident 1: Uncontrolled Load Movement
A Site manager instructed workers to move a one-tonne metal stillage using load skates. During the move, the stillage became unstable, fell and crushed a young worker.
Result: A 17-year-old worker suffered serious leg injuries, including a fractured femur.
Incident 2: Unsupervised Plant Operation
Later the same year, a 16-year-old worker was directed to operate a hydraulic plant without supervision, the worker:
Result: The worker crushed the tip of his finger while operating the machine.
Court Findings
The Manager pleaded guilty to two breaches of his duties under the Work Health and Safety Act 2011 (Qld).
The Court found that, as an experienced manager, he had failed to provide the instruction, training and supervision that workers required to perform their tasks safely. The Magistrate described these failures as fundamental safety breaches.
Penalties
Why This Matters
This case demonstrates that workplace safety is not only the responsibility of the company. Supervisors, managers and experienced workers can also be held personally accountable when they fail to take reasonable care for the safety of others.
Young workers are particularly vulnerable because they:
What Supervisors Must Do
Before assigning work, ensure workers are:
Key Takeaway and Relevance to ACT Construction Industry
Complaints to the regulator confirm that inadequate supervision of apprentices and young workers is an emerging issue in the ACT in 2026 and historically in the ACT Several convictions and enforceable undertakings have been entered.
Never assume a young worker knows the risks. If you direct or supervise others, you have a responsibility to ensure they are trained, competent and properly supervised. A few extra minutes spent providing guidance can prevent serious injuries, prosecution and significant penalties.
Remember: Stop. Train. Supervise. Verify. These four steps can make all the difference.
We are seeing more and more cases before the Courts where individuals are being prosecuted for inadequate supervision. Whilst our duty of care as a PCBU, is required, as part of its primary duty, to ensure the provision of any information, training, instruction or supervision, this case makes it clear that there is a similar expectation on experienced workers, who are required to take reasonable care. The prosecution of a Site Manager (Qld) for two unrelated incidents shows that the courts consider it reasonable for more experienced workers to ensure that other workers within their care are instructed, trained and supervised. This is particularly important where the ACT Construction Industry has younger workers (including apprentices and volunteers), who often are not aware of what could cause themselves or others harm.
For more information on how to manage Young Workers and Apprentices please see ACT WorkSafe website.
