Charges over unacceptable behaviour towards apprentice

One Two Electrical Pty Ltd is currently under scrutiny due to two potential transgressions under section 21(1) of the Work Health and Safety Act (WHS). The accusations revolve around neglecting to formalise and enforce secure and wholesome workplace conditions. This signifies a crucial reminder for businesses of the importance of robust WHS management systems like Bluesafe SWMS, which help ensure legal compliance and promote safe behaviour.

The allegations further claim that One Two Electrical Pty Ltd has infringed section 21(2)(a) of the WHS Act. Said violation pertains to neglecting to develop and uphold work protocols designed to detect, report, scrutinise, and halt inappropriate conduct within their workspace’s environment. Implementing policies and safety procedures in line with Bluesafe WHS Management System would foster improved workplace behaviour norms and provide means to address infractions constructively and promptly.

WorkSafe also suspects malfeasance against section 21(2)(e) of the WHS Act. This assertion is aimed at negligence in terms of providing personnel with essential information, instruction and training about workplace conduct standards; outlining the roles and responsibilities of managers and supervisors in handling and responding to unsuitable behaviour; facilitating processes for employees to voice concerns or complaints about offensive behaviours; and setting up appropriate channels for investigating and reacting to such issues.

Facing extensive indictment, the company’s sole director, Nicholas Sheehan, 33, is confronted with 17 accusations under section 26(1) of the WHS Act. These are directly related to his purported failure to secure a safe and health-considerate workplace under his mandate and control. An additional 17 charges have been directed towards him under section 25(1)(b) of the same Act, in connection with his alleged inability to show requisite care for the wellbeing and safety of persons potentially impacted by company activities or oversights.

Worksafe’s allegations extend to perceive Sheehan’s failure to minimise the risk of psychological injury to an apprentice, asserting that he allowed her to be subjected to bullying, sexual harassment and gender-based work violence from September 2022 to April 2023.

The cases have been scheduled for a mention hearing in the Frankston Magistrates’ Court on 19 December 2024.

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Original article link: https://www.worksafe.vic.gov.au/news/2024-11/charges-over-unacceptable-behaviour-towards-apprentice