Kentucky Fried Children

A fast food company that pleaded guilty to frying a 17-year-old in vat of oil has had an OHS conviction quashed on appeal.

Daniel Guyomar was standing on a fryer to clean an extraction hood at a KFC outlet at Cranbourne when he fell into a deep fryer. He was hospitalised for 19 days following the incident.

Southern Restaurants, operators of the outlet, were fined $25,000 by the Magistrate's Court. A Victorian judge overturned the conviction and the fine after hearing evidence the employee had received written procedures.

"The message that this sends is if you can afford to appeal then you can look forward to getting off," says Renata Musolino, a safety information officer for the Victorian Trades Hall Council. "Would KFC executives let their own children be treated like this?"

"Relying on written procedures when dealing with any employee is inappropriate," says Musolino. "Particularly young people who need to be supervised.

"The industrial conditions in the fast food industry mean that workers are often forced to take unsafe practices due to pressure."

Workers Online understands that this was not Guyomar's normal workplace and that he was unfamiliar with the store. The job was usually done by another employee before the store opened so the fryer would not be on.

"The instructions he was given were laughable," says Musolino. "One was basically, use a step ladder and don't fall off!"

After the appeal the Cranbourne KFC restaurant franchisee was placed on

a two-year good behaviour bond, without conviction, and ordered to donate $10,000 to charity.

WorkSafe Victoria's executive director, John Merritt, said with Christmas approaching and many young workers entering the workforce for the first time, employers had to look to training and supervision.

"Employers and workers need to realise that a serious injury received at

15, 16 or 17 might be with them for the next 60 years," Merritt said.

"Employers need to anticipate what could go wrong, and have the procedures to ensure it does not. Written procedures are only part of the story. They need to be followed. That's where supervision comes in."

"Young workers need to be careful, and ask their boss for help if they're not sure if they're working in a safe way."

To discuss this and many other interesting OH & S topics visit our discussion boards at http://unionsafe.labor.net.au/shoptalk/

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Last modified: Tuesday, 15-Nov-2005 20:37:34 EST