A magistrate "impermissibly reasoned backward", and misapplied the reasonable practicability test, when she found an employer guilty of amputation-related safety breaches and fined it nearly $200,000, a superior court has found.
Employers that don't fully understand the circumstances in which they can terminate workers for safety breaches can face serious ramifications, but ensuring workers are properly trained is one of many steps they can take to ensure a decision stands up to scrutiny, a leading safety lawyer says.
An injured worker should have been credited with 120 hours of personal or carer's leave while he was on unpaid leave that culminated in his dismissal, the Fair Work Commission has ruled in rejecting his former employer's "hotel mini-bar" analogy.
In this major report, OHS Alert outlines all the important work health and safety and workers' comp legislative changes made in the second quarter of 2019. We also revisit the most significant court and tribunal rulings and other developments in each jurisdiction.
In a case involving a charity drive and entry breaches, the Federal Court has rejected a regulator's assertion that workers' subjective "feelings" about how safe their sites are can't justify a stoppage.
A major international study has identified a significant exposure-response relationship between several types of cancer including brain cancer and the hazardous substance lead, which remains prevalent in Australian workplaces.
A principal contractor that failed to act on a union's height-safety warning has been fined $450,000 after a worker was killed, with a court lambasting its director for failing to take personal steps to protect workers.