The director of a furniture manufacturing company was slapped with a €4,000 fine after he was held criminally responsible for a workplace accident which left a teenage worker grievously injured.

John Agius, 55, was sole director at Construct Furniture with executive powers back in 2008 when Gareth Galdes, a 16-year old, was employed by the company as helper on the ‘finish line’.

On April 29, barely three weeks into his new job, the young man was helping the storekeeper transport a load of glass, when 14 sheets of the heavy material being propped up by the teenager suddenly toppled onto him.

The worker ended up grievously injured with a fractured leg, multiple scratches, a broken tooth and a bruised nose.

In the course of criminal proceedings against the company director, the victim testified how on the day of the accident he had been wearing safety shoes but no helmet or gloves, supporting the heavy load with his bare hands.

It was observed that although the director had commissioned a risk assessment report by an expert engineer before engaging the young employee, this had been of a generic nature rather than specifically focused on young workers.

Local laws on occupational health and safety made it mandatory for employers to have rigorous systems in place before engaging such young employees. These included a risk assessment report specifically targeting such workers, a medical examination before the commencement of work and a plan of work.

In this case, it was evident that although the victim had undergone a medical examination, there had been no plan of work tailor-made for the young worker. Nor had the employer ensured that the inexperienced teen received ‘adequate training before commencing work’.

The court, presided over by magistrate Claire Stafrace Zammit, observed that such shortcomings on the part of the accused had indirectly caused the unfortunate accident which could have been avoided.

Pointing out that the accused had failed to abide by health and safety regulations and that ignorance of the law was no excuse, the court declared the company director guilty and fined him €4,000.

Mr Agius is also facing criminal charges over the death of Matthew Bartolo in 2015.

Inspector Frans Micallef prosecuted. Ian Refalo, Edward Gatt and Veronique Dalli were defence counsel.