An employer's work system that required workers to step up onto a platform up to 80 times a day would have involved a breach of duty if an employee had been able to prove the system caused his injuries, a court has found in a case with a seizure and a fall.
Adhering to readily available Safe Work Australia guidance would have helped a PCBU prevent an incident where a worker fell through a penetration after mistaking its cover for spare plywood, a court has found in convicting and fining the business $450,000.
An appeals court has quashed a ruling that the WHS prosecution of a major company was invalid because of the process used to delegate the applicable regulatory powers. Meanwhile, a play centre has been charged with multiple safety breaches after a child fell seven metres.
Another employer has been fined for workplace health and safety breaches affecting children, with its failures including not maintaining a safe supervision ratio of employees to customers.
The fine imposed on an employer that failed to fully implement a mandatory safety measure, because it ran out of the required materials, has been increased more than five-fold on appeal, with a judge stressing penalties must be significant enough to dissuade others from "cutting corners".
Employers must apply the hierarchy of controls to the hazards associated with height work, which starts with not performing any such work where reasonably practicable, a regulator has advised in launching a major blitz.
A PCBU should have ensured the safety procedures in its paper systems were put into practice and checked and maintained, to prevent a worker being pinned between a wall and a crane load, a court has found.
