Browsing: Jurisdiction (NSW) | Page 5

A PCBU should have ensured the safety procedures in its paper systems were put into practice and checked and maintained, to prevent a worker being pinned between a wall and a crane load, a court has found.

A commission president has confirmed that a worker who tripped in a common area car park after a shift was injured within the boundary of his workplace, in a case examining when a work "journey" begins and ends.

The WHS offence of industrial manslaughter could include tougher penalties and capture more types of duty holders in NSW than under the national model laws, with the State Government calling for feedback on these matters.

A WHS regulator has been allowed to continue prosecuting an employer over two silicosis cases, including one causing a worker's death, after defeating claims it had been aware of the alleged offences for many years and laid the charges too late.

• WHS notices reach $1m after judge's referral;
  
• Employers charged over deaths at mental health unit and nursery; and
  
• Right-to-disconnect laws tweaked to avoid criminal proceedings.

A company and its director have been fined $420,000, after the latter identified serious safety issues at a site but failed to act to prevent a worker's seven-metre fall. Another PCBU has already been fined $300,000 over the fall.

A company has been found liable to pay death benefits to the dependents of an uninsured contract worker who suffered a fatal heart attack while performing "light" work at the site of one of the company's clients.

A PCBU that has been battling fatality-related WHS charges for three years has had a minor victory in the NSW Court of Criminal Appeal, which agreed to vary the adverse publicity order against the business.

A worker who was required to take on management duties and sack a worker, despite not being trained in such processes, has been awarded compensation for a psychological injury, with a commission rejecting her employer's reasonable-action defence.

A company that received a record-breaking WHS recklessness fine, over the death of an apprentice, has failed to reduce a $1.3 million payout to an injured labour-hire worker through the application of a "notoriously difficult" legislative provision.