Browsing: Workplace safety court and tribunal decisions | Page 3
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An injured worker has failed in his appeal for damages, unsuccessfully contending his employer had a duty to warn him to keep his hands free so he could use a handrail on a set of "inherently dangerous" steps.
A court has convicted and fined an employer $450,000 for failing to provide a safe workplace, resulting in an "entirely foreseeable" death, and reminded companies that safety laws require them to proactively prevent and address safety risks, rather than waiting for near misses to alert them to dangers.
Suspended Sydney Flames basketball coach Shane Heal's failed claim that he was targeted for exercising workplace rights has highlighted the factors that constitute a safety complaint under employment law.
Reporting a safety incident is as important as the incident itself, a commission has reaffirmed in ordering the reinstatement of a worker sacked for failing to report an allegedly unsafe driving incident. His failure to report was mitigated by the fact that his supervisor witnessed and recorded the event, the commission found.
A PCBU has been fined $450,000 for WHS breaches involving a worker being hit by a forklift, in a case that saw a director cleared of due diligence breaches.
An appeals court has confirmed that a step's defective non-slip strip, which was missed by safety inspections, remained in place through the negligence of two companies and caused a worker to fall, entitling him to more than $1 million in damages.
The Fair Work Commission has declined to make orders in a rare decision from its stop-s-xual-harassment jurisdiction, but hinted that sending "vile" text messages to colleagues could attract such an order.
A commission has cautioned that society's "significantly raised" bar for what constitutes consent for physical interactions is "even higher" in work-related environments, in upholding the summary dismissal of a worker for inappropriately touching a colleague.
An employer has been found liable for a worker's Achilles injury and ordered to pay him damages, after it negligently failed to change the flat battery on a piece of powered mobile plant.
A company director charged over a forklift incident was recently cleared by a court of breaching his WHS due diligence duties. In this article, his lawyers explain the reasons behind the decision, and what it says about the reach of officers' safety obligations.