A Victorian employer has been fined $10,000 after an apprentice worker was subjected to a series of violent and bullying behaviours, some of which included being shot at with a nail gun, poked in the groin with a drill while on a ladder, and being hung from a noose.

WorkSafe Victoria was notified of the ongoing incidents of workplace bullying and occupational violence at the workplace of Celsius Ballarat Pty Ltd by Victoria Police.

The regulator’s investigation found the employer lacked a comprehensive policy and procedure for the management and prevention of inappropriate behaviour, as well as reporting and investigation processes.

The employer also did not have documented risk control measures in place, and failed to provide adequate information to employees and managers.

The first year apprentice worker did not report the incidents to the directors of the company because he was afraid of reprisal from the perpetrators. He reported the matter to Victoria Police following the final incident on 15 February 2024, where he could not breath for a few seconds after being placed in a noose hanging from a strut in a roof cavity.

The employer was fined without conviction after pleading guilty to a single charge under s 21(1) and (2)(a) of the Occupational Health and Safety Act 2004. The sentencing Magistrate noted the apprentice worker’s vulnerability due to his age and lack of experience, but ruled the employer’s departure from the duty owed was in the mid-range.

Source: WorkSafe Victoria, Prosecution Result Summaries and Enforceable Undertakings: Celsius Ballarat Pty Ltd, 19 July 2024, accessed 23 July 2024.