Browsing: Legislation, regulation and caselaw | Page 1

A court has convicted and fined an employer $450,000 for failing to provide a safe workplace, resulting in an "entirely foreseeable" death, and reminded companies that safety laws require them to proactively prevent and address safety risks, rather than waiting for near misses to alert them to dangers.

Ahead of Workers' Memorial Day, and in light of the recent stabbing deaths at Westfield Bondi Junction, employers have been urged to ensure they always have clear emergency safety plans in place, and provide workers with access to psychological support services.

An appeals bench has upheld a finding that a worker's failure to obtain a COVID-19 vaccine while she was injured amounted to a breach of her return-to-work duties and warranted her benefits being cut.

• Major fire attracts Commonwealth WHS charges;
  
• Director charged over apprentice's 30km toolbox ride;
  
• Local council sentenced for failing to forward injury claim;
  
• Noise duties highlighted for WHS blitz in SA; and
  
• WHS Codes of Practice updated in ACT.

Suspended Sydney Flames basketball coach Shane Heal's failed claim that he was targeted for exercising workplace rights has highlighted the factors that constitute a safety complaint under employment law.

• WHS ministers agree to harmonised exposure limits;
  
• Access to dust damages improved in WA;
  
• RTW body officially established in Vic; and
  
• Workers to be protected by new slow-down rules in SA.

Reporting a safety incident is as important as the incident itself, a commission has reaffirmed in ordering the reinstatement of a worker sacked for failing to report an allegedly unsafe driving incident. His failure to report was mitigated by the fact that his supervisor witnessed and recorded the event, the commission found.

The new International Organisation for Standardisation (ISO) guide to safety reporting and evaluation, with its increased focus on recognising and measuring "all the good that a business does", will improve safety culture through to the "boots on the ground ", according to the convenor of the working group that led its development.

A worker who was bullied and called a "s-x offender" by colleagues, after being charged with historical abuse offences, has been awarded compensation for a psychological injury, with a commission hearing the bullying included being excluded from Christmas functions, and dismissing the employer's reasonable action defence.

Employers will be explicitly required to add "critical controls", as defined in international guidelines, to their safety management systems, under legislative amendments aimed at "facilitating the growth in high-reliability organisational (HRO) behaviour" in the resources sector.