Browsing: Workplace safety court and tribunal decisions | Page 3
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A second duty holder has been fined over the death of an 80-year-old workplace visitor in a disused stairwell that posed an obvious risk of falling or entrapment, while a business has been fined over a fatality that followed its failure to identify the qualifications and competencies required for high-risk tasks.
An upstream duty holder has been prosecuted and fined for providing plant with a manual that was missing safety instructions for inspection and cleaning tasks. Another duty holder has been fined for failing to provide a demarcated safety zone for delivery drivers, which led to a double amputation.
Adhering to readily available Safe Work Australia guidance would have helped a PCBU prevent an incident where a worker fell through a penetration after mistaking its cover for spare plywood, a court has found in convicting and fining the business $450,000.
An employer effectively dismissed a worker with autism after it refused to make safety accommodations for him when he reported experiencing sensory and health issues caused by his uniform, a commission has ruled.
An employer has been fined $800,000 for WHS breaches, after a designated work site migrated onto a dangerous stretch of road and a worker was killed by a vehicle driven by a colleague.
A union and one of its officials have been handed fines totalling nearly $37,000, after a court found the latter made a frustrated comment that constituted a threat to the future career of a workplace health and safety manager.
An appeals court has quashed a ruling that the WHS prosecution of a major company was invalid because of the process used to delegate the applicable regulatory powers. Meanwhile, a play centre has been charged with multiple safety breaches after a child fell seven metres.
A PCBU has successfully paused the operation of a WHS notice by arguing such a step will not affect the safety of workers or others, and that in the absence of a stay, it could be forced to overhaul its safety management system unnecessarily.
The High Court has agreed to consider quashing the application of allegedly outdated judgments that bar damages for psychiatric injuries caused by dismissal processes, in the case of a worker who was subjected to a sham dismissal after an incident on a work trip.
