Browsing: WHS decisions (NSW) | Page 62

TUE

3:14PM

Legislation and cases update - Q2 2013

In this update, OHS Alert examines all the important OHS and workers' comp legislative changes made in the second quarter of 2013. We also recap the most significant court and tribunal rulings and other developments in each jurisdiction.

Workers' compensation Jurisdiction (all) Jurisdiction (National) Jurisdiction (ACT) Jurisdiction (NSW) Jurisdiction (NT) Jurisdiction (QLD) Jurisdiction (SA) Jurisdiction (TAS) Jurisdiction (VIC) Jurisdiction (WA) Workplace safety Legislation, regulation and caselaw Authority/inspectorate news Authority/inspectorate (ACT) Authority/inspectorate (National) Authority/inspectorate (NSW) Authority/inspectorate (NT) Authority/inspectorate (QLD) Authority/inspectorate (SA) Authority/inspectorate (TAS) Authority/inspectorate (VIC) Authority/inspectorate (WA) Enforceable undertakings (all) Enforceable undertakings (National) Enforceable undertakings (QLD) WHS Harmonisation (all) WHS Harmonisation (ACT) WHS Harmonisation (National) WHS Harmonisation (NSW) WHS Harmonisation (NT) WHS Harmonisation (QLD) WHS Harmonisation (SA) WHS Harmonisation (TAS) WHS Harmonisation (VIC) WHS Harmonisation (WA) Workplace safety court and tribunal decisions WHS decisions (ACT) WHS decisions (National) WHS decisions (NSW) WHS decisions (NT) WHS decisions (QLD) WHS decisions (SA) WHS decisions (TAS) WHS decisions (VIC) WHS decisions (WA) Workers' compensation court and tribunal decisions Workers' comp decisions (ACT) Workers' comp decisions (National) Workers' comp decisions (NSW) Workers' comp decisions (NT) Workers' comp decisions (QLD) Workers' comp decisions (SA) Workers' comp decisions (TAS) Workers' comp decisions (VIC) Workers' comp decisions (WA) Workplace safety legislation, regulations, standards and codes WHS legislation, regulations, standards and codes (ACT) WHS legislation, regulations, standards and codes (National) WHS legislation, regulations, standards and codes (NSW) WHS legislation, regulations, standards and codes (NT) WHS legislation, regulations, standards and codes (QLD) WHS legislation, regulations, standards and codes (SA) WHS legislation, regulations, standards and codes (TAS) WHS legislation, regulations, standards and codes (VIC) WHS legislation, regulations, standards and codes (WA) Workers' compensation legislation, regulations, standards and codes Workers' comp legislation, regulations, standards and codes (ACT) Workers' comp legislation, regulations, standards and codes (National) Workers' comp legislation, regulations, standards and codes (NSW) Workers' comp legislation, regulations, standards and codes (NT) Workers' comp legislation, regulations, standards and codes (QLD) Workers' comp legislation, regulations, standards and codes (SA) Workers' comp legislation, regulations, standards and codes (TAS) Workers' comp legislation, regulations, standards and codes (VIC) Workers' comp legislation, regulations, standards and codes (WA) Workers' compensation premium/levy news Workers' comp premium/levy news (ACT) Workers' comp premium/levy news (National) Workers' comp premium/levy news (NSW) Workers' comp premium/levy news (NT) Workers' comp premium/levy news (QLD) Workers' comp premium/levy news (SA) Workers' comp premium/levy news (TAS) Workers' comp premium/levy news (VIC) Workers' comp premium/levy news (WA) Topic/practice (all) Return to work and rehabilitation Injury prevention Issue/challenge/risk (all) Industrial/employment issues Absenteeism/sick leave Adverse action claims Bullying Consultation Discrimination Performance management Right of entry Supervision Termination Worker type (all) Contractors Duty holders Labour hire workers Older workers Workplace safety representatives Young/inexperienced workers Illness/injury/hazard type (all) Asbestos Dangerous substances Equipment and plant Emerging risks Fatalities Fatigue Manual handling Heavy vehicles, mobile plant, forklifts, quad bikes Psychological injuries Psychosocial issues Bullying and harassment Drugs and alcohol Flexible work Stress Violence Work at heights Research and reports (all) WHS - research & reports Workers' comp - research & reports Quarterly legislation and case law updates

WED

12:45PM

Three parties fined for document breaches after three-metre fall

Two NSW employers and a director have been fined $147,000 for failing to deal with a known hazard or ensure workers were familiar with safety documents, after a worker suffered serious injuries when he fell through an open stairwell void.

Jurisdiction (all) Jurisdiction (NSW) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (NSW) Issue/challenge/risk (all) Illness/injury/hazard type (all) Work at heights

TUE

10:32AM

Unsafe forklift driving in "tight" area costs employer and driver $1.3m

A NSW worker has been awarded $1.3 million in damages for injuries sustained in a forklift incident, after the District Court found his employer and the forklift operator failed to ensure the vehicle was driven safely in a "tight working environment".

Workers' compensation Jurisdiction (all) Jurisdiction (NSW) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (NSW) Workers' compensation court and tribunal decisions Workers' comp decisions (NSW) Issue/challenge/risk (all) Illness/injury/hazard type (all) Heavy vehicles, mobile plant, forklifts, quad bikes

TUE

3:27PM

Flawed safety inspection process fails to identify faulty equipment

A NSW employer that failed to enforce its equipment maintenance and inspection systems has been fined $260,000, after a front-end loader operator was permanently injured.

Jurisdiction (all) Jurisdiction (NSW) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (NSW) Issue/challenge/risk (all) Illness/injury/hazard type (all) Heavy vehicles, mobile plant, forklifts, quad bikes

MON

3:57PM

Three employers found negligent after modifications cause injuries

Employers that want to modify plant should consult the manufacturer on the potential safety risks of doing so, and then put in place systems to obviate those risks, the NSW Court of Appeal has ruled in an injury damages case.

Workers' compensation Jurisdiction (all) Jurisdiction (NSW) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (NSW) Workers' compensation court and tribunal decisions Workers' comp decisions (NSW) Issue/challenge/risk (all) Illness/injury/hazard type (all) Heavy vehicles, mobile plant, forklifts, quad bikes

THU

2:08PM

Exclusion-zone breach caused death, SWMS overlooked task

A NSW employer has been fined $170,000 over the death of a company director, after the Industrial Court found it failed to establish an exclusion zone around an "inherently unsafe" work area.

Jurisdiction (all) Jurisdiction (NSW) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (NSW) Issue/challenge/risk (all) Worker type (all) Contractors Illness/injury/hazard type (all) Fatalities

WED

2:15PM

Employer negligent in failing to maintain 50-year-old structure

A NSW employer that failed to properly maintain a 50-year-old steel structure, which held up to 450 tonnes of material, has been found liable for injuries sustained by a truck driver when the structure collapsed onto the back of his vehicle.

Workers' compensation Jurisdiction (all) Jurisdiction (NSW) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (NSW) Workers' compensation court and tribunal decisions Workers' comp decisions (NSW) Issue/challenge/risk (all) Illness/injury/hazard type (all) Equipment and plant

MON

3:53PM

Second employer fined over amputation

A NSW employer that failed to ensure a contractor conducted a daily risk assessment while dismantling plant has been fined $100,000, after a worker's right leg was amputated just below the knee.

Jurisdiction (all) Jurisdiction (NSW) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (NSW) Issue/challenge/risk (all) Worker type (all) Contractors Illness/injury/hazard type (all) Equipment and plant

MON

2:27PM

Inadequate monitoring of safety systems leads to another train death

A second rail company has been fined in NSW - in a matter of days - for failing to properly audit or monitor its safety procedures, after a worker was killed when he was struck by a train.

Jurisdiction (all) Jurisdiction (NSW) Workplace safety Legislation, regulation and caselaw Workplace safety court and tribunal decisions WHS decisions (NSW) Issue/challenge/risk (all) Illness/injury/hazard type (all) Fatalities Heavy vehicles, mobile plant, forklifts, quad bikes

FRI

12:48PM

Employer unsuccessfully challenges OHS authority of District Court

A major upheaval of the new process for prosecuting alleged OHS offenders in NSW has been averted, after a judge rejected an employer's claim that the District Court has no jurisdiction to deal with OHS matters.

Jurisdiction (all) Jurisdiction (NSW) Workplace safety Legislation, regulation and caselaw Authority/inspectorate news Authority/inspectorate (NSW) WHS Harmonisation (all) WHS Harmonisation (NSW) Workplace safety court and tribunal decisions WHS decisions (NSW)

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