A Victorian employer that failed to properly instruct or monitor security contractors has been found primarily responsible for a security guard's injuries. Also in this article, the Queensland Supreme Court has rejected a security guard's claim that his injuries were caused by insufficient staff numbers.
Safe Work Australia has confirmed it will almost certainly dump the model Code of Practice on workplace bullying in favour of a guide, but prominent safety lawyer Barry Sherriff notes that under the WHS Act, a guide has a similar evidentiary status, in practice, as a Code.
With warmer weather fast approaching, employers have been warned of the safety risks associated with seasonal work and natural disasters, while NSW has waived some asbestos regulations in fire-affected areas.
FWC anti-bullying orders could lead to safety investigations or be used as evidence in workers' comp disputes, according to IR lawyer Ben Urry, who says employers should update their bullying and harassment policies, and consider addressing such issues in contracts.
A company officer's duty of care under the model WHS Act is a "live" duty, lawyer Michael Selinger has reminded employers. He also says the courts could take an "expanded view" of who is captured by the definition of officer.
With workplace incidents often resulting from multiple causes, many employers are, unknowingly, just one causative factor away from a serious incident occurring on their watch, according to WorkCover NSW's engineering advice coordinator.
The Greens have warned of the safety risks associated with offering financial incentives to complete projects quickly, after the CFMEU raised concerns over the rushed redevelopment of the Adelaide Oval.
With CFOs and other senior accountants being "very squarely labelled" as company officers under the model WHS Act, employers should ensure their accountants recognise the effect their decisions have on workplace health and safety, according to a corporate governance researcher.
Employers should think very carefully before signing statements made to safety inspectors following incidents, with inspectors' coercive powers under the model WHS Act potentially leading to "unmeritorious" decisions to prosecute, an OHS lawyer warns.
