WorkSafe VIC has charged a company director for driving a ute with a teenage apprentice in a toolbox. The incident occurred in February 2022, when a 19-year-old apprentice was told to lie down inside the toolbox, which was mounted on the back of the ute, before the vehicle was driven from Tolmie to Mansfield in Victoria.

This incident demonstrates a blatant disregard for the safety and well-being of the young worker and highlights the seriousness of neglecting safety responsibilities in the workplace, particularly when it involves young workers. Fortunately in this case, the apprentice was not seriously injured but it does raise serious concerns that such a dangerous act has occurred, putting the young worker into such a high risk situation.

Incidents like this can have severe consequences, both legally and ethically. Directors have a duty of care towards all employees and are legally obligated to ensure the safety of all workers under their supervision. This includes taking reasonable steps to prevent harm to them, particularly for young or inexperienced workers who may be more vulnerable due to their lack of experience and knowledge.

Young or inexperienced workers are often considered vulnerable for many reasons and can lack the skills and knowledge necessary to navigate workplace dynamics effectively, including speaking up about their concerns. They may feel pressure to prove themselves in a new job, which could lead them to take risks or push themselves beyond their limits to impress their employers.

Quite often, they are not fully aware of their legal rights and protections in the workplace and often lack the experience to recognise and avoid workplace hazards. A lack of understanding of safety protocols or how to respond to dangerous situations, make them more susceptible to risks.

Sometimes, economic pressures and financial dependence can push vunerable workers into accepting precarious or unsafe working conditions. They may feel compelled to take any job available, even if it means compromising on their rights and safety. This dependence can make them less likely to speak out against unfair treatment for fear of losing their job.

Employers must also provide adequate training to workers to ensure that they understand how to perform their tasks safely. The assumption of ‘common sense’ is often a dangerous oversight in workplace safety. Common sense relies on individuals having a shared understanding of what is safe and what is not, which can vary greatly depending on factors like experience, training, and cultural background.

The damage has already been done in this situation, but it is never too late to stop, think and change. People in leadership roles have a legal and moral obligation to act with integrity and uphold ethical standards.

The saying “we accept what we walk past”, reminds us that change starts with individual actions and that we all have a role to play in creating safer workplaces for the future, so incidents like this never happen again.