Resources: Blogs

Employer was found guilty of failing to ensure that persons other than employees were not exposed to risks to their health and safety

Blogs
|

Inadequate' WHS Penalty Increased Seven-fold on Appeal

In June this year, a Victorian textiles company was fined $7,000 for breaching work health and safety laws when a subcontractor truck driver was floored by a 185kg bale of wool. In an appeal of that decision earlier this month, the County Court of Victoria increased the penalty to $50,000 when the Office of Public Prosecutions successfully argued that the $7,000 fine was inadequate.

In June this year, a Victorian textiles company was fined $7,000 for breaching work health and safety laws when a subcontractor truck driver was floored by a 185kg bale of wool. In an appeal of that decision earlier this month, the County Court of Victoria increased the penalty to $50,000 when the Office of Public Prosecutions successfully argued that the $7,000 fine was inadequate.

The incident that sparked the proceedings occurred when the truck driver left the cabin of his truck to prepare the trailer of wool bales for unloading in the employer’s warehouse. A forklift operator had already begun unloading the trailer and dislodged a bale that struck the driver, knocking him unconscious. The truck driver spent 2 days in hospital and suffered a head injury and ligament damage to his knee.

The employer was found guilty of failing to ensure that persons other than employees were not exposed to risks to their health and safety.

The OPP argued that the employer had failed to provide delivery drivers with site inductions or safety instructions, and had only given forklift operators verbal safety instructions. The court found that whilst the employer did have a traffic management plan in place, it had failed to ensure that the plan was followed.

This case presents another reminder to employers about the importance of ensuring that everyone within a workplace understands their work health and safety (WHS) obligations and that Safe Work Method Statements, inductions and regular training sessions are routinely conducted. Written policies and procedures must be current and communicated to all employees, contractors and other visitors to the workplace.

As mentioned in one of our previous blogs - Ah Yes, The Safety Dance: WHS is an Issue for Everyone, WHS planning, training and induction are sometimes viewed as an unnecessary costs that don’t serve the bottom line of a business. However, good WHS policies, procedures and training can save an organisation a lot in the long run - not only will employees be working a in safe environment but employers will save money on lost productivity as a result of employee injuries or illness, enjoy the benefits of lower workers compensation premiums and may avoid WHS convictions and hefty fines. In short, employers who proactively invest in good WHS systems and training will reap the benefits in the long term.

 

Information provided in this blog is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.

 

Similar articles

Remote work environment risks and considerations

Barking up a broad tree

Work from home arrangements have become the “new normal” across many workplaces since the COVID-19 pandemic.

Read more...

Employee’s exaggerated complaints created psychosocial risk

False alarm

Employers have work health and safety obligations to eliminate or minimise psychosocial risks in the workplace so far as is reasonably practicable. These risks arise from psychosocial hazards including conflict or poor workplace relationships.

Read more...

Commission rejects application for stop bullying orders

A cyclone of drama

Differences in opinion, dysfunctional relationships and disagreements between employees may occur from time to time in the workplace. Generally, these instances of workplace conflict do not amount to bullying behaviour, which is defined as repeated, unreasonable behaviour causing a risk to health and safety.

Read more...

FWO secures penalties against bar operator and external accounting firm

Closing time

The Fair Work Act 2009 (Cth) requires employers to keep certain employee records for a period of 7 years. These records are necessary to ensure that employees have been paid their minimum entitlements should an underpayment claim be made.

Read more...

Employer found liable for workers compensation despite worker’s unreasonable perceptions

Fact or fiction

A recent decision of the New South Wales Personal Injury Commission serves as a reminder of the differing standards of proof when determining liability for claims of bullying and/or harassment under workers compensation laws and the Fair Work Act 2009 (Cth).

Read more...

Commission finds employee’s flexible working request to work entirely from home was not reasonable

The worst has now passed

One of the many changes to the Fair Work Act 2009 (Cth) introduced this year include the Fair Work Commission’s new powers to deal with disputes relating to requests for flexible working arrangements.

Read more...

Let's talk

please contact our directors to discuss how ouR expertise can help your business.

We're here to help

Contact Us
Let Workplace Law become your partner in Workplace Relations.

Sign up to receive the latest industry updates with commentary from the Workplace Law team direct to your inbox.