Browsing: Workplace safety court and tribunal decisions

THU
4:12PM

Unlikely but fatal risk attracts $250k WHS fine

A PCBU that contended it had never witnessed or heard of the possibility of a sequence of events, which killed one of its workers on a National Broadband Network site, has been convicted and fined $250,000, after a judge agreed that "the likelihood of the risk occurring was low".

WED
2:56PM

Safety system required injury-causing de-isolation

In a case highlighting the pitfalls of safety systems susceptible to human error, an employer has been convicted and fined $125,000 over an incident resulting, in part, from a worker's inability to hear a radio message.

TUE
11:40AM

Antarctic WHS case quashed in ruling on practicability

A Commonwealth agency has been acquitted of WHS charges, on appeal, relating to the hypothermia death of a contract helicopter pilot. A court found a key measure the agency was accused of failing to implement was not reasonably practicable.

TUE
12:24PM

WHS notices on violence controls stayed by IRC

A major government employer has successfully stayed two WHS improvement notices aimed at its violence prevention processes, with a commission finding the notices could be overturned, and having to comply with them in the meantime would not be fair on the employer.

MON
12:32PM

FWC bench blocks new process with remote WHS risks

A major employer has lost its latest bid to compel workers to undertake a new work procedure involving "incredibly" remote risks, in a case highlighting the onus on employers to show their processes can ensure safety "so far as is reasonably practicable".

FRI
10:37AM

Worker exposed to excessive vibrations awarded $1.5m

An employer has been ordered to pay nearly $1.5 million in damages to a worker with white finger syndrome, for allowing him to operate machinery with dangerous vibration levels for far more hours per shift than advised by engineers and safety guidelines.

THU
11:53AM

PCBU, officer failed to control risk created by third party

A PCBU and an officer have been convicted and fined for their inadequate safety systems, which failed to protect a worker from a falling truck load that had been packed poorly by another company. The worker sustained fatal injuries.

WED
2:12PM

Employer not liable for drunk co-worker's act in unit

An employer is not liable for a worker being urinated on by an intoxicated colleague, but companies do have a safety duty to protect personnel from "unpleasant" interactions in accommodation facilities, a superior court has found.

TUE
2:35PM

Post-incident actions deemed admissible in WHS case

A judge has rejected a PCBU's claim that evidence on the changes it made to its systems of work after a forklift incident is not relevant to the WHS proceedings against it, and should be excluded.


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