Individual convicted over major company's unsafe site
A sole trader who failed to ensure a third-party site had a proper traffic management system has been convicted of WHS offences, after one of his employees was struck by a forklift.
A sole trader who failed to ensure a third-party site had a proper traffic management system has been convicted of WHS offences, after one of his employees was struck by a forklift.
NSW employers have been exempted from complying with certain health monitoring regulations because of a conflict between two WHS Acts, while a South Australian PCBU has been fined for failing to monitor the health of an employee who worked with a carcinogenic chemical.
A BHP subsidiary has been handed a record-high South Australian WHS fine of $390,000, after a discrepancy in its procedures led to a worker moving too close to an unsupported mine wall, before being killed by falling rocks.
A mesothelioma victim's exemplary damages have been increased from $30,000 to $250,000, with an appeals court highlighting James Hardie's reckless indifference to the safety of its customers, and the fact that it knew from as early as the 1930s that asbestos dust was harming its workers.
An employer with an informal safety system for moving stock with forklifts has been convicted and fined for WHS breaches, after two workers were struck by 80kg steel tubes. Meanwhile, an employer that relied on the "weakest form" of administrative control has been fined over a worker's permanent hand injury.
An employer whose only form of communicating a ban on using a hazardous machine door was an informal risk assessment, has been found guilty of safety offences after a worker was fatally crushed.
Retail giant David Jones has recovered 75 per cent of an employee's $435,000 mesothelioma award from a construction contractor.
The recent WHS conviction of a company officer drives home the importance of establishing due diligence plans and governance structures for senior management, Ashurst partner Trent Sebbens says in this comprehensive Q&A with OHS Alert.
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