An employer has been convicted and fined $450,000 over a fatality, after a practice of leaving a worker alone to perform high-risk work "developed into a procedure in its own right" to allow his supervisor to complete residual tasks like paperwork.
In a rare case, a PCBU has been convicted and fined under WHS consultation provisions, after its failure to "consult, co-operate and co-ordinate" with other duty holders led to a worker sustaining serious injuries in a fall.
A labour-hire company has been found not guilty of WHS breaches involving inadequate guarding and finger injuries, with a court finding its safety consultation process was "seriously compromised" by the representations of a host employer.
An employer acted unreasonably in citing COVID-19 concerns to block a union official from entering a workplace lunchroom, given it failed to apply its COVID-safety policies consistently and the official didn't pose additional risks, the Fair Work Commission has found.
A PCBU's WHS fine over a worker's death in a fall has been increased four-fold to $300,000, with an appeals court finding the fatal risk would have been obvious from a single "glance" at the relevant work area, and the PCBU's safety personnel failed to take steps to reduce the risk despite discussing it in meetings.
In an important decision on a contentious issue, a commission has found a worker was not "absent without pay" when he was off work on workers' comp benefits, and had been entitled to accrue annual and sick leave.
Right-of-entry permit holders who fail to comply with a site's safety rules can be taken to have acted in an "improper manner" in breach of Fair Work laws, the Federal Court has ruled in a case against a CFMMEU organiser who refused to wear safety glasses and overalls.
A safety regulator has urged workplace leaders to learn from the first successful prosecution, under the harmonised WHS laws, of an individual for workplace bullying, and revealed it received more than 1,300 calls on psychological risks and bullying in 2019-20. Another regulator says it is targeting unhygienic toilets in a blitz.