Browsing: WHS decisions (NSW)


Numerous system failures result in tree-lopping death

A litany of failures in the way a business approached a high-risk job led to the death of a trainee, a judge has ruled in convicting and fining an individual with the duties of a PCBU $60,000.


Second PCBU fined over impractical height safety system

A PCBU that allowed a subcontractor to apply a system of work where height workers were forced to unhook their harnesses, to move materials, has been convicted of WHS contraventions.


Primary contractor bears liability for $1.35m award

A superior court has awarded $1.35 million in damages to an injured labour-hire worker, after finding the head scaffolding contractor at the site where the injury occurred was negligent in failing to provide an exclusion zone or establish a safe system of work.


WHS prosecutor must specify times and places of breach

A prosecutor that accused a company of committing WHS breaches over a period of seven years, and in a "workplace" encompassing the extensive "Newcastle and Hunter regions" of NSW, has been ordered to detail when and where the alleged offence was committed, and the identify of each worker allegedly exposed to risk.


PCBU found guilty in WHS ruling on expert contractors

A PCBU has been found guilty of WHS breaches resulting in two workers sustaining serious electric shock injuries from overhead powerlines, with a court rejecting its claim it had been entitled to rely on its crane contractor to operate safely around the cables.


Worker permitted to seek dust damages for four diseases

A worker has been granted permission to pursue damages from four companies, including his alleged former employer, with a judge ruling that one of his four serious health conditions could be a dust-induced lung disease.


WHS notice restored to ensure timely responses to bullying

An employer's anti-bullying and grievance procedures require intervention by a WHS regulator because they lack processes to ensure they are timely and don't cause psychological injuries to those involved, a commission has found.


Worker wins $1m for repeated backward glances

An employer's failure to ensure a worker didn't need to constantly glance backwards while operating a machine - by, for example, installing a mirror or rear-vision camera - was a breach of its common law duty, an appeals court has found.

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