An employer has lost its appeal against a $180,000 WHS fine, unsuccessfully arguing the sentencing judge failed to properly take into account the fact that its employees failed to apply its safe systems of work.
Two PCBUs' category 2 WHS fines have been increased to a total of nearly $1 million, in the latest of a series of appeals by the NSW Attorney-General that reflect the community's growing intolerance of serious work safety incidents.
A PCBU engaged to service a building maintenance unit (BMU) knew the unit was years overdue for a major inspection, and should have "prompted" its client to commission one, a court has found in fining the PCBU $300,000.
A PCBU that could have mitigated fatal risks "without cost" has been fined $180,000 over a young worker's death, and ordered to publish a notice in newspapers detailing its failure to enforce the use of personal protective equipment.
A court has detailed workplace arrangements that could amount to the impermissible delegation of WHS duties imposed on officers, in ordering a prosecutor to re-plead its allegations against a company director.
A WHS inspector's belief that an employer had "no system in place" to prevent life-threatening falls was "based on a misconception", the NSW Industrial Relations Commission has ruled in revoking another WHS notice.
A worker medically retired for posing WHS risks has unsuccessfully argued that her fitness for work should be assessed against a "position of suitable duties" set by a workers' comp commission, rather than her pre-injury role.
A company that failed to routinely check whether contractors were adequately communicating its safety procedures to their workers has been convicted and fined, after a worker was struck by a reversing forklift.