A PCBU that declined to act on the safety advice of an electrician has been convicted and fined for three serious WHS offences, including failing to consult and coordinate activities with the company tasked with installing and commissioning its imported plant.
In an important ruling for a workers' compensation scheme, an appeals court has overturned two earlier decisions, and ruled that weekly payments to partial dependants of killed workers can be increased, and unemployment benefits can be considered, in reviews of weekly payments.
The jailing of a business owner for industrial manslaughter, the commencement of a mirror WHS Act, legislative changes across most jurisdictions, and a host of judgments on work-related COVID matters, are just some of the issues covered by OHS Alert's first major review report of the year.
A tribunal has found that a previous full-bench ruling on what constitutes surgery for workers' comp purposes is not exhaustive or "even relevant to each case", and stressed that "penetration of the body is not always involved".
In a case where "parallel" duty holders were charged over a worker's death, a PCBU has been found guilty of breaching WHS laws in relying on training and signage rather than engineering measures to control risks arising from new equipment with an unusual design.