Browsing: WHS decisions (NSW)


PCBU, director fined after barrier mysteriously removed

In a rare category-3 WHS case, a PCBU and its director have been convicted and fined after a balustrade at their site was removed by an unknown person, resulting in a worker sustaining serious fall injuries.


Principal overturns fall-arrest notice after fatality

A commission has revoked an improvement notice issued to a site's principal contractor, after a fatal fall, requiring it to review work systems installed by a specialist company.


Judges dismiss claims against COVID vaccine mandates

A commission has rejected a union's bid to block a BHP COVID-19 vaccine mandate pending a ruling on whether the company met its WHS consultation requirements. Meanwhile, the NSW Supreme Court has dismissed claims that vaccine orders for workers defy a United Nations covenant.


Employer not liable for unidentified operator's "negligence"

An employer has defeated a worker's claim that the injuries she sustained on a work road could only have occurred through an act of negligence by a colleague, for which the employer was vicariously liable.


"Entertainment" could have killed 12 work observers

In one of several prosecutions over an incident where a dozen people, including non-workers, were exposed to the risk of serious injury or death, a PCBU has been convicted and fined for allowing a highly hazardous task to be treated as a form of "entertainment".


PCBU failed to comply with clause on ignition sources

An employer has been fined $180,000, after its failure to control ignition points and flammable vapours led to three workers sustaining devastating burns with "lifelong effects" in an explosion.


PCBU, supervisor failed to bar unsafe work, fined $413k

A PCBU and a supervisor it engaged to act on its behalf have been fined heavily for permitting work to be performed at a site before crucial safety measures were in place - a failing that resulted in a teenager sustaining serious injuries in a fall.

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