Boss forced to pay young ringer $20k after ‘mocking’ exploding drum injuries

A cattle mustering contractor who forced a young ringer to continue working after he suffered serious burns that later required surgery while mocking and verbally abusing him has been ordered to pay the teenager $20,000.

The 18-year-old ringer was instructed to cut open the Avgas drum with an angle grinder.

A CATTLE mustering contractor who forced a young ringer to continue working after he suffered serious burns that later required surgery while mocking and verbally abusing him has been ordered to pay the teenager $20,000.

Arron Peter Kerr, 25, pleaded guilty in the Darwin Local Court to two counts of reckless conduct after the young man was injured by an exploding 44-gallon drum at Montejinni Station in 2019.

NT WorkSafe said the 18-year-old ringer from NSW had been at the remote station 320km south west of Katherine for less than a month when he was instructed to cut open the Avgas drum with an angle grinder.

Although the drum had been washed multiple times, it still exploded, causing burns to the man’s hands, arms and face and blisters which burst within 30 minutes of the explosion.

In a statement, WorkSafe said Kerr “decided the burns were not severe” and sent him from the mustering camp back to Montejinni, instructing him “to mislead the homestead staff and say the burns were caused from lighting a gas barbecue”.

The station’s operations manager assessed the man’s injuries as first and second degree burns and asked if he wanted to go to hospital but was told by another worker that they “would manage”.

The two workers returned to the camp where the burns were treated with “unboiled bore water mixed with a veterinary antiseptic”.

MORE NT COURT NEWS

Notorious sports scientist faces fresh charges, other counts withdrawn

Zach Rolfe murder trial postponed indefinitely after court grants stay

Brett Dixon stoush with ICAC lands in Supreme Court

“Over the next five days, the injured worker was required to work when he was able, despite his condition deteriorating to include a fever, internal bleeding, suffering cramps and his burns becoming infected,” the statement reads.

“During this time, the injured worker was mocked and verbally abused by Mr Kerr.”

On the fifth day, Kerr again verbally abused the teenager and told him to “go home” after he was unable to manage a small creek crossing on his horse due to the burns on his hands.

The young man asked for a lift to the nearest roadhouse, which was initially refused before he was dropped at Top Springs Hotel where he “asked bar patrons for help”.

“A good Samaritan, seeing the condition the injured worker was in, drove him 291km to Katherine,” the statement reads.

“The injured worker required specialist medical treatment and was transferred to Darwin where he required surgery.”

Kerr was convicted of two breaches of work health and safety laws, the first such convictions for reckless conduct in the Territory and given a two year good behaviour bond.

He was also ordered to pay the man $20,000, also a first for the Territory, on top of his statutory workers compensation entitlements.

NT WorkSafe WH & S regulator Bill Esteves said it was “difficult to comprehend how there could have been such disregard for a young worker who was seriously injured”.

“It would be difficult for a person, in particular a parent, to read the details of this incident and not feel some emotion for what this young worker had experienced,” he said.

“It would appear the culture of his workplace was one of stoicism, where people were expected to harden up, just get on with the job and get it done.

“This attitude not only contributed to the serious injury of this young worker, but placed him at further risk and worsened his injuries.”

Mr Esteves said Kerr had “totally and absolutely failed in his duty” under the act.

“Over half a dozen individuals at Montejinni Station had seen or were aware of the injuries suffered by this young worker, yet no one intervened and took him to the medical treatment he required,” he said.

“In fact, when he was finally transported off the station, he was left alone at Top Springs Hotel to fend for himself.

“If this is the prevailing culture in this industry, industry leaders need to examine this case and determine if this culture needs to change.”

Follow @jas_walls