The prosecution of two companies over the death of a worker in an exclusion zone has provided a timely reminder that the designers, manufacturers and suppliers of equipment have a legislative safety duty to the workers who use their products, according to a regulator.
A WHS Code for accommodation facilities, and a regulatory unit with expertise in workplace harassment and assault, have been promised in response to a Western Australian inquiry, but the State Government has highlighted the "legal complexities" of creating a register of known offending workers.
The National Cabinet's agreement to reduce isolation periods for positive COVID-19 cases has been followed by the easing of work-related restrictions, including work-from-home rules, in several jurisdictions. One of these states has also clarified its ongoing WHS notification requirements for the pandemic.
Imposing a positive duty on employers to eliminate workplace discrimination, harassment and victimisation will fill gaps left by WHS laws and enforcement, but will not require duty holders to prove these forms of misconduct are "impossible" at their sites, according to a legislative review, whose 163 recommendations have been accepted in Western Australia.
A PCBU has been prosecuted and fined for failing to ensure forklift loads were properly secured when raised onto high racking, while a company and one of its workers have been fined for breaching safety laws and the "Wiring Rules".
Twenty-three national model WHS Codes of Practice have been made under Western Australia's new WHS laws, including one recently finalised by Safe Work Australia, while 14 of the State's old Codes have been revoked.