Browsing: Workplace safety court and tribunal decisions | Page 1
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An organisation that failed to act on a serious risk identified in an audit has been fined $160,000 over a death, while two related businesses have been fined a total of $250,000 for unsafely failing to comply with engineering drawings for a major project, and disregarding a regulator's request for information.
A right-of-entry dispute surrounding the Australian Taxation Office's new rules for permit holders has confirmed that occupational health and safety requirements "can condition the exercise of entry rights".
Two PCBUs that drafted and approved the design of a structure, which subsequently collapsed, have been convicted and fined for WHS contraventions, with a magistrate highlighting the safety value of the "humble check list".
A union and an offical who successfully appealed against a ruling on a WHS requirement at a worksite have been handed higher right-of-entry fines, by a full Federal Court, than the ones they received before they appealed.
An employer should have presented expert evidence to prove a worker was under the influence of alcohol when he attended his "dangerous" workplace after a "big night", rather than asking the Fair Work Commission to "simply assume" he had been impaired, the Commission has ruled.
A worker was not forced to quit through her employer's alleged failure to protect her psychological safety from a "misogynistic" colleague, a commission has found.
An appeals court has rejected a PCBU's claim that its fine over a fatality involving a ladder was manifestly excessive. The PCBU contended the evidence did not prove beyond reasonable doubt that the death was a manifestation of its WHS breach.
A recent ruling upholding the sacking of a worker, who failed to disclose a longstanding health issue, shows that holding employees to account for complying with their own health and safety duties forms part of an employer's obligations, a senior safety and employment lawyer says.
A PCBU has been convicted and fined $180,000 after a visiting contractor leant on an unsecured fence in a restricted area and fell into a pit. A judge found the PCBU failed to comply with a Code of Practice requirement to ensure the fence could withstand the force of a person falling or leaning against it.