A PCBU and its director have escaped prosecution for fatality-related category 2 WHS breaches because of "evidentiary issues", but have been convicted and fined for failing to cooperate with the investigation into the death.
> Australia transitioning to new edition of GHS; > CSIRO charged with four category 2 WHS breaches after explosion; > Employer charged with failing to ensure the safety of at-risk patient; and > Labour-hire scheme with WHS test revived in SA.
A company that paid a "contractor" an hourly rate could be held liable for his heart attack death, with a tribunal finding the man's past business patterns and work with other companies are not determinative of whether he was a "worker" when he died.
The Federal Government has, in its 2019-20 budget, committed $36 million over four years to cracking down on sham contracting and establishing a labour-hire registration scheme with WHS-compliance tests.
Labour-hire companies across four industry sectors will be banned from operating in Australia if they commit serious WHS or workers' comp breaches, or if they can't prove compliance with workplace laws after past breaches, under a proposed registration scheme approved by the Federal Government.
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.