A regulator's power to obtain information under the model WHS Act isn't blocked by state borders or limited to documents that specifically refer to health and safety matters, the NSW Supreme Court has found in rejecting an employer's appeal against a $114,000 penalty.
A NSW delivery driver has been awarded nearly $1 million in damages for a serious ankle injury, which he sustained after a construction site supervisor directed him to unload heavy materials on an uneven surface instead of a nearby loading dock.
It was "glaringly improbable" an employer knew a worker had PTSD before sacking him for failing to undertake a competency assessment, the Federal Court has found in partially upholding the employer's adverse action appeal and reducing the man's $100,000 award.
A national employer has been fined a record $363,000 over the death of a non-employee, after the Federal Court found it should be penalised for its conduct both before and after the fatal incident.
Harmonised safety laws for the heavy vehicle sector are being amended to facilitate the introduction of electronic fatigue diaries and increase some penalties by more than 200 per cent. This article also examines related safety initiatives in NSW and the Northern Territory.
A worker who failed to conduct pre-operational safety checks or report defects was fairly sacked, with his breaches outweighing the lack of procedural fairness he was afforded during the dismissal process, the Fair Work Commission has ruled.
