Charges over unacceptable behaviour towards apprentice

One Two Electrical Pty Ltd is facing two charges under section 21(1) of the Occupational Health and Safety Act for failing to provide and maintain a safe working environment.

The company is alleged to have breached section 21(2)(a) of the OHS Act by failing to provide and maintain systems of work for identifying, reporting, investigating and stopping inappropriate workplace behaviour.

WorkSafe also alleges the company breached section 21(2)(e) of the OHS Act by failing to provide employees with necessary information, instruction and training relating to standards of behaviour in the workplace; the role of managers and supervisors to manage and respond to inappropriate behaviour; how employees could report or complain about inappropriate behaviour; and how those reports or complaints could be investigated and responded to.

The company's sole director Nicholas Sheehan, 33, faces 17 charges under section 26(1) of the OHS Act for failing to ensure a workplace under his management and control was safe and without risks to health; and 17 charges under section 25(1)(b) of the OHS Act for, as an employee, failing to take reasonable care for the health and safety of a person who may be affected by their acts or omissions at a workplace.

WorkSafe alleges he failed to reduce the risk of psychological injury to the apprentice by not bullying, sexually harassing or directing work-related gendered violence at her between September 2022 and April 2023.

The matters are listed for a mention hearing in the Frankston Magistrates' Court on 19 December 2024.