Landmark bullying case in SA Industrial Court after apprentice allegedly set on fire by supervisors

A South Australian construction apprentice was allegedly doused with flammable liquid and set on fire by his reckless supervisors, leading to the state’s first bullying prosecution in court.

A Construction apprentice was doused with flammable liquid and set alight allegedly by his reckless Adelaide building site supervisors, who now face a landmark bullying prosecution.

In a SA-first case, the state’s health and safety watchdog has charged Luke Daniel Chenoweth, 28, and Jeffrey Mark Rowe, 47, over the alleged attack almost two years ago.

SafeWork SA is also prosecuting their former employer, Tad-Mar Electrical Pty Ltd, with health and safety breaches and ignoring workers’ complaints.

It is using the prosecution to “send a clear message … that bullying of any worker will not be tolerated”.

SafeWork executive director Martyn Campbell said businesses had a duty to ensure they provided adequate training and supervision to ensure worker health and safety.

Chenoweth, of Hillbank, and Rowe, of Parafield Gardens, each face up to five years in jail as well as a maximum $300,000 fine for their alleged reckless conduct and intimidation.

SafeWork alleges the trainee was “exposed to risk of death or serious injury” from the conduct of supervisors and an employer obligated to protect him.

The Holden Hill-based firm — which co-operated with investigators, immediately sacked the supervisors and overhauled its bullying procedures — could be fined as much as $1.5 million.

The electrician, then 18, was working on the construction of a BUPA aged care facility, on Woodville Rd, Woodville, on March 25, 2017.

Court documents assert Chenoweth, a site supervisor, attacked the apprentice without reasonable excuse at lunchtime as Rowe, also in a superior role, took no steps to stop his colleague and joined in.

In documents filed with the Industrial Court, SafeWork alleges that Chenoweth squirted a flammable liquid, believed to be lighter fuel, on to the apprentice’s boots, trousers and shirt. He then allegedly used a cigarette lighter to ignite the liquid on the apprentice’s boots and chased him around a lunchroom threatening to ignite his trousers.

Chenoweth is also accused of lighting his alleged victim’s shirt but flames were quickly extinguished. The worker escaped injury but was left upset.

“(Chenoweth’s) conduct made it possible for (the apprentice) to be killed or sustain serious injuries from burns to his body,” the documents state.

The documents assert Rowe was reckless in his failure to stop his colleague’s bullying that made death or injury possible.

“(He) took no immediate steps to extinguish the flames on (the apprentice) and his shirt,” the documents state.

“(He also) squirted more flammable liquid on to (the) shirt while (the apprentice) and his shirt were burning.”

Court documents assert Tad-Mar Electrical — whose directors are Peter Markou, 66, and Peter Taddeo, 68 — exposed the apprentice to a safety risk by permitting the supervisors to work with him.

The defendants are yet to respond to the charges.

SafeWork executive director Martyn Campbell said businesses had a duty to ensure they provided adequate training and supervision to ensure worker health and safety.