A major employer unlawfully discriminated against a breastfeeding employee through its unwavering determination to stick to a WHS rule that wasn't mandated by WHS laws or any workplace regulation, a tribunal has found in a scathing judgment.
A court has criticised the poor WHS knowledge of an employer and its managers, finding they unlawfully forced union officials to provide a new right-of-entry notice in order to inspect a suspected safety breach they observed while investigating another safety issue.
All but one of Australia's eight harmonised WHS jurisdictions have now introduced the new model clauses on psychosocial risks, with the ACT being the latest to do so, while joining a subgroup that has chosen to prescribe the use of the hierarchy of controls for these risks.
In a long-running case that has gone to an appeals court twice, and examines the intentions of legislative amendments, an employer has failed to prove an injured worker was not connected with a jurisdiction with relatively generous common law rights.
In this major must-read report, OHS Alert examines all the key workplace health and safety and workers' compensation developments from the second quarter of 2023, including a wide range of actual and proposed WHS amendments, a string of high-profile safety prosecutions, and concerns around surging burnout rates.
PCBUs have been reminded of their WHS duties to children, after one entity was fined over a drowning death and another over a forklift joyride. Meanwhile, the ACT has launched a campaign against workplace violence, and reminded employers of the new WHS duty to report "actual or suspected" incidents of workplace s-xual assault.