A PCBU charged over a fatality has been acquitted, with a court finding it had successfully eliminated the relevant risks through administrative controls for "many years", and could not have foreseen that the killed worker would operate mobile plant in a hazardous no-go area.
A principal contractor and a subcontractor have been fined a total of nearly $300,000 after a worker was seriously injured, with a court ruling the former wasn't entitled to rely on the latter to implement agreed safety measures.
A supervisor directed a subcontractor to perform a task that resulted in the contractor breaching its own safe work method statement and seriously injured a worker, a judge has found. He ordered the supervisor's company to pay $145,000 in fines and costs over a risk it later eliminated with a $792 investment.
In convicting an individual for WHS breaches, a judge has reminded duty holders of an often-overlooked strategy for eliminating or minimising the risks associated with a task: not performing the task at all until all safety issues or breaches have been resolved.
An elderly man was trapped in a trench and died of hypothermia after a PCBU failed to instruct its workers to ensure they didn't leave worksites without barricading and covering trenches, a court has found in convicting the PCBU.
A worker who failed to tell his supervisor the area he was directed to work in was wet, before he slipped and fell two metres, was not contributorily negligent because he felt he had to comply with his orders, an appeals court has found.
Laboratory tests of workers' hair for drugs can't differentiate active drug use from environmental contamination, and should only be used as "complementary information", according to expert evidence highlighted in an important unfair dismissal case.