Browsing: WHS decisions (SA)


$115k WHS discrimination award overturned

An appeals tribunal has quashed a $115,160 WHS discrimination damages award for a worker, who claimed she was bullied, after finding her expressions of "fear" and "anxiety" in communications to senior staff did not amount to raising a WHS issue or concern.


Admin controls "never enough" to control risk

Administrative safety controls over-rely on workers' judgement, leave no room for inadvertence or inattention, and are "never enough" on their own, a court has found in convicting an employer over crush injuries.


Pre-start checks would have averted WHS convictions

A PCBU and its director could have prevented an inexperienced worker's serious spinal injuries, and avoided their WHS convictions, through simple pre-start checks, a regulator has revealed.


WHS investigation into officer granted injury transcript

A WHS regulator investigating reports that a worker's psychiatric injury involved WHS contraventions, by a major employer and one of its officers, has been granted court orders giving it access to a transcript of related compensation proceedings.


Woolworths fined for equipment safety "blind spot"

A supermarket giant has been convicted of WHS offences after a "blind spot" in its inspection and maintenance regime allowed degraded equipment to fall on a worker, inflicting multiple fractures.


Judge calls for proactive PCBUs in amputation case

In convicting and fining an employer $245,000, after a worker's legs were amputated in an unfit-for-purpose machine, a judge has stressed that post-incident acts of contrition are far inferior to proactively avoiding injuries in the first place.


WHS conviction sends reminder on non-delegable duties

PCBUs are obligated to implement procedures and training that "deal with any shortcomings" of employees and eliminate unsafe process shortcuts, a judge has ruled in handing a company a pre-discount WHS fine of $300,000, and refusing to apply the maximum reduction for its early guilty plea.


Nominal WHS fines top $1.25m after modifications death

A PCBU has been handed a record WHS penalty, while a second PCBU has been fined heavily, after they failed to prohibit or halt impromptu modifications to "extremely powerful" plant, and a worker was crushed to death.

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