Browsing: Jurisdiction (WA) | Page 13

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.

Workers exposed to dust particles at levels deemed safe by national guidelines are at risk of respiratory and lung problems, with smokers being significantly more susceptible to adverse health effects, a study has found.

A commission has found a worker should not have been summarily sacked for breaching her employer's face mask rules for the COVID-19 pandemic, because her misconduct, when interacting with clients, was not wilful or deliberate.

A Federal judge has found that selecting a worker for redundancy, after he raised multiple safety concerns, constituted unlawful adverse action, with his employer failing to prove his termination was due to poor performance and not his exercise of workplace rights.

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.

Managing employee mental health is a responsibility of all organisations, and understanding that workplace wellbeing is driven by "how work is designed" is essential to implementing preventive and supportive strategies, according to a workplace wellbeing expert.

• New WHS review to examine Qld manslaughter laws; and
  
• Fatality probe to consider impact of pandemic on WA ag sector.

A worker who previously proved his employer negligently failed to control the risks posed by a slippery floor, has failed to convince an appeals court he was a credible witness and the breach caused him to suffer injuries and a pain condition.

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".