Browsing: WHS decisions (ACT)


WHS duty holders must say "no" to unsafe demands

The latest defendant to be sentenced over the death of a worker at a Canberra site breached its WHS duty to say "no" to the principal contractor's unsafe demands, a court has found in fining it twice as much as the principal.


Incentives flagged for fatigue and distraction controls

Employers that voluntarily fit their vehicles with autonomous early braking systems and other safety technologies could be designated as preferred contractors for government work, under a recommendation from an inquest into a child's death in a road accident.


PCBU fined over death, but recklessness charges dropped

A judge has discussed the interaction of the WHS duties of companies and the specialist skills of their subcontractors, in sentencing one of nine entities charged with serious safety offences, including manslaughter and reckless conduct, after a pedestrian worker was killed by a crane.


Big injury damages bill upheld for negligent maintenance

An appeals court has upheld a multimillion-dollar damages ruling (with minor variations), confirming a contractor was vicariously liable for a technician's negligent act that caused four workers to sustain injuries in a jolting lift.


Antarctic WHS case quashed in ruling on practicability

A Commonwealth agency has been acquitted of WHS charges, on appeal, relating to the hypothermia death of a contract helicopter pilot. A court found a key measure the agency was accused of failing to implement was not reasonably practicable.


Worker wins $5.6m for injuries triggered by site clutter

An employer's failure to address the obvious risks posed by its "incredibly cluttered" warehouse set off a "catastrophic" sequence of events, and has led to a $5.6 million damages award to an injured worker.


Dickens cited in ruling on six-year work bullying case

After years of "almost farcical" proceedings, a judge has set a date for determining a worker's claim he was relentlessly bullied and tormented at his Canberra workplace, which was the subject of a major WHS probe and scathing findings.


Rushed worker denied headset, wins injury damages

An employer has been ordered to pay $120,000 in damages to an office worker who was injured while running to answer the phone, in a case highlighting the risks posed by systems requiring staff to rush.


Failure to provide safety equipment costs venture $1.3m

A worker with serious strain and lifting injuries has been awarded $1.3 million in damages, with a court finding his employer, a major joint-venture company, could have prevented the risks through simple precautions, including one involving a $400 spend.

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