A major employer's duties as the occupier of a premises did not extend to ensuring a specialist contractor, engaged by another company, strictly complied with suitable safe work method statements, an appeals court has confirmed in an important damages case.
A workplace "exclusion zone" was established in a way that "invited" rather than deterred access to the area, and contributed to a work experience student's life-changing injuries, a court has found in convicting and fining a PCBU.
One of Australia's largest employers negligently failed to implement a simple system for keeping a floor free from slippery substances, or act on a worker's complaints about the issue, a superior court has ruled.
A fatal work vehicle explosion was triggered by an exposed wire in a storage compartment containing a gas cylinder, which wasn't stored in accordance with the relevant Australian Standards, codes of practice or safety data sheets, an inquest has found.
Safety regulations for exclusion zones and equipment in the construction industry could be overhauled under recommendations from an inquest into a young worker's death, which led to the first reckless conduct charges under Australia's harmonised WHS laws.
In sentencing a PCBU for multiple breaches of WHS regulations, a judge has suggested that prosecutors detail the costs saved by companies by ignoring their duties, so that courts can set fines that adequately deter such offending.
An employer did not have a common law duty to warn a well-trained worker of all the circumstances in which a work method could not be used, an appeals court has found in dismissing the injured man's damages claim.
A young worker has been awarded more than $500,000 in damages after her employer negligently caused her to sustain an injury that did not prevent her from "engaging in a superficially normal life", but impeded her studies and narrowed her employment options.