Browsing: WHS decisions (TAS)

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".

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.

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.

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.

A coronial inquest into a vehicle-rollover death has: stressed that ongoing worker training is not only required by WHS laws but "essential for safe and healthy workplaces"; and made a string of recommendations for an employer's training and operating procedures.

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.

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.

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.

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.

• 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.