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Worker Jailed After Apprentice Hospitalised

Individual ProsecutionA worker has been jailed for four months (wholly suspended) after throwing a concrete block 6m off an EWP, leaving an apprentice with serious head injuries.

The worker was prosecuted as an individual under Section 28 of the WHS Act “Duties of Workers”.

The worker was employed as a laborer by a company that had been subcontracted to perform some drilling into a concrete wall.

It was alleged that despite knowing there were workers below and having previously joked about the workers not wearing head protection, the worker knowingly endangered those below by throwing the concrete block.

The block struck an apprentice leaving him with a fractured skull, bleeding on the brain, damage to sinus cavity, chipped teeth and bruising to his shoulder and collarbone.

This is a good example of how individual workers have responsibilities under the WHS Act including to:

  • Take care of themselves
  • Take care of others
  • Follow reasonable instruction
  • Follow reasonable policies and procedures

For this and other cases, please visit our case studies page.

Full court summary can be found at Office of the Work Health and Safety Prosecutor.

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