Browsing: WHS decisions (TAS)


Unsafe work practice causes seizure death 13 years later

An inquest into a man's death from a seizure has provided a stark reminder of the potentially devastating long-term consequences of poor workplace processes, including one practice that "should never occur in a controlled work environment".


$1m award for workplace BBQ victim upheld by full bench

A full supreme court has upheld a $1 million-plus damages award to a workplace volunteer, after finding a WHS duty holder created a situation "fraught with risk and danger" that drove his failure to take reasonable care for his own safety.


Recommended controls fall short of WHS compliance

A PCBU did not satisfy its WHS duty to eliminate or minimise the risk of workers being crushed by an electric rise-and-fall platform (RFP), in a noisy environment, by fitting the RFP with a loud siren, a superior court has confirmed.


Unassessed changes, "mimed" inductions preceded death

A workplace fatality, which led to a $250,000 WHS fine, occurred in circumstances where the contrast between the instructions provided to workers with limited English and what supervisors allowed to occur gave rise "to an understandable level of confusion about what was, and was not, permitted", an inquest has found.


Bee-sting death highlights need for workplace EpiPens

An inquest into a workplace bee-sting death has found: it had been incumbent upon the business to provide and train personnel in the use of EpiPens; and the killed man was a worker within the meaning of WHS laws, despite his purported "observer" status.


Triple-fatality inquest makes WHS recommendations

A coronial inquest into three fatalities at one workplace within six weeks has warned against using non-compliant platforms and requiring personnel to determine their own work and safety methods. It also found that it is "vital and necessary" to adhere to and audit hazard controls.


PCBU fined twice in a week over fatality and vat burns

A major employer has been handed significant WHS penalties in two jurisdictions, including for failing to properly respond to two previous workplace fires, which led to a contractor sustaining fatal injuries in a third fire.


Judge abandoned independence in drafting WHS charge

In a long-running WHS case, involving a forklift fatality and a seemingly incongruous category 3 charge, a superior court has found a magistrate should have recused himself from the matter to avoid ruling on particulars of the charge that he himself drafted.


Recklessness case; Revised Code; and Paused premiums

  • Regulator releases more details on WHS recklessness case;
  • Revised WHS Code for first aid adopted by Tas; and
  • NSW freezes workers' comp premiums for COVID-19 pandemic.

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