A major employer charged over a serious mobile plant incident has escaped prosecution, under Commonwealth WHS laws, because a regulator's "delegation instrument" did not give the inspector who initiated the prosecution the power to do so.
A company that ignored its own safety systems for guarding penetrations has been handed a $600,000 pre-discount fine, after one of its managers died in a 19-metre fall through an unguarded ventilation shaft.
A judge has lamented that the height safety message from numerous WHS prosecutions is not getting through to duty holders, in handing a PCBU a pre-discount fine of $825,000 over an incident in which workers were directed to ride in an excavator bucket, before falling four metres.
A judge has highlighted the concurrent WHS duties of PCBUs in fining a company for multiple contraventions, after a 700-kilogram load fell from a tower crane onto a poorly barricaded footpath and struck a worker, causing serious lifelong injuries.
An individual operating as a PCBU, who was found guilty of multiple WHS contraventions relating to a crane and powerlines incident that seriously injured two workers, has been fined just $15,000, despite facing a maximum total penalty of $600,000.
A PCBU fined $170,000 for endangering "other persons", by allowing an unqualified labour-hire worker to perform high-risk cranage work, has lost its appeal against its conviction, with a bench rejecting is claim the task was outside the scope of its undertaking.
A WHS Code for accommodation facilities, and a regulatory unit with expertise in workplace harassment and assault, have been promised in response to a Western Australian inquiry, but the State Government has highlighted the "legal complexities" of creating a register of known offending workers.