Browsing: Workplace safety court and tribunal decisions

MON
11:48AM

"Impressive" rectifications reduce confined space fine

A narrated video presentation tendered in the NSW District Court outlining a wide range of improvements to safety procedures has helped a PCBU reduce its WHS penalty, in relation to an 18-year-old employee passing out in a confined space.

FRI
10:00AM

Regulator's recovery case beaten by own OHS evidence

A regulator has failed to recover injury payments from a workplace occupier accused of negligently causing the injury, after one of the regulator's inspectors filed a report saying the allegedly unsafe area of the site was in "adequate condition".

THU
10:01AM

Employer responded reasonably to psych risk: judge

Courts should not place an "absolute and unremitting" duty of care on employers to protect the mental health of their employees, a judge has warned in dismissing a psychologically injured worker's negligence claim.

WED
3:47PM

SWMS missing and irrelevant to fatal task

An employer with a "useless" safe work method statement has been fined for five workplace safety breaches, after a young worker was killed by an unsecured concrete panel.

MON
3:43PM

Health monitoring breaches penalised by courts

An employer has been fined after a random safety inspection found a worker had been provided with the wrong type of respirator for a hazardous substance, and hadn't undergone health monitoring. Another company was recently fined for failing to comply with a monitoring-related improvement notice.

FRI
3:56PM

Structure designer failed to act on WHS complaint

An upstream WHS duty holder's failure to properly respond to safety concerns raised about a structural design resulted in a worker sustaining physical and psychological injuries, a court has found.

FRI
2:11PM

Apprentice injured in superior's absence, director fined

A PCBU and its director have been fined $150,000 and $15,000 respectively, after unsupervised apprentices were allocated a high-risk task, which injured one of them, when a qualified technician took sick leave.

WED
11:55AM

WHS charges deemed defective in latest road-project case

One of several PCBUs charged with WHS breaches on a notoriously troubled infrastructure project has successfully challenged the complaint, with a court finding the complaint is too defective to be saved by amendments or the provision of particulars.


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