A superior court has confirmed that a worker who was exposed to bullying and racist taunts by a colleague suffered a compensable psychological injury, rejecting his employer's claim his pre-existing mental health issues blocked his access to benefits.
A local council has been charged with multiple WHS contraventions, including a first-aid breach, and could be fined more than $7 million, after a worker was allegedly exposed to the risk of drowning under a modified craft.
In this report, OHS Alert reviews all the key work health and safety and workers' compensation developments from the second quarter of 2022. Highlights include major changes to the model WHS Act and Regulations, High Court judgments, inquests into work-related deaths, an inquiry into harassment, and "claim farming" bans.
The dismissal of an unvaccinated Northern Territory teacher has been found to be harsh and unfair, with the Fair Work Commission ruling that "no employee should be terminated for following their doctors' advice" to obtain a specialist's opinion on COVID-19 vaccines.
The national model Work Health and Safety Act, Regulations and related materials have been amended to reflect a wide range of recommendations from Marie Boland's independent review of the laws. Some states have already adopted some of the changes, while other jurisdictions are likely to follow suit soon.