Resources: Blog

AFL Club fined for Work Health and Safety Breaches

Blog
|

Out on the Full

Last year the Essendon Football Club was charged with breaches of the Victorian Occupational Health and Safety Act 2004 in relation to the Club’s controversial supplements program by WorkSafe Victoria.

Last year the Essendon Football Club (the Club) was charged with breaches of the Victorian Occupational Health and Safety Act 2004 (Vic) (the OHS Act) in relation to the Club’s controversial supplements program by WorkSafe Victoria.

In early 2013, it was announced that the Australian Sports Anti-Doping Authority and the World Anti-Doping Authority had investigated the Club regarding the nature of the Club’s supplements program in 2011 and 2012.

It was alleged that the players were injected with banned and / or experimental substances as part of the program. For their part, the players claimed innocence and that they did not know what they were being injected with.

The Club pleaded guilty to the two charges of breaching section 21 of the OHS Act (the duty of care that employers owe employees) in the Melbourne Magistrates’ Court in late January 2016. Specifically, the Club was charged with failing, so far as reasonably practicable, to:

  • Provide and maintain a working environment that is safe and without risks to health; and
  • Provide and maintain for employees a system of work that is safe and without risks to health.

The Club was convicted of the charges and fined a total of $200,000 for breaches of the OHS Act. The Club was also ordered to pay $20,000 for WorkSafe Victoria’s costs.

WorkSafe Victoria’s prosecution against the Club indicate that just like any other business, sporting organisations (professional or otherwise) have obligations to ensure the health and safety of its employees whilst at work, even if their workplace is a sporting field.

 

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

Company vicariously liable for injury resulting from skylarking supervisor

All in good fun

Enjoying the company of your colleagues is something most people hope to find in the workplace. It can make work much more enjoyable and lead to lasting friendships. However, fun in the workplace can cross a line when it takes the form of dangerous skylarking or roughhousing.

Read more...

Brisbane company first to be convicted of industrial manslaughter

Brisbane company first to be convicted of industrial manslaughter

Workplace fatalities are tragic and devastating events. In order to reflect the seriousness of these incidents, some jurisdictions across Australia have amended their work health and safety laws to establish the offence of industrial manslaughter, where the negligent conduct by a person conducting a business or undertaking or officers causes the death of a worker.

Read more...

Employer’s disciplinary process didn’t force resignation

I'll go first

The commencement of a disciplinary process against an employee is not an insignificant matter. It serves to notify an employee that their employer has serious concerns about their employment; whether that is the standard of the employee’s performance, their conduct or their behaviour.

Read more...

Salary reduction brought employee under high income threshold

Below not above

The COVID-19 (coronavirus) pandemic has significantly impacted the financial stability of many businesses. Employers have had to make difficult decisions and implement different measures to ensure the ongoing viability of their businesses. Some of these measures have included asking employees to agree to temporary reductions in their hours of work or to a reduction in their remuneration.

Read more...

Company vicariously liable for injury resulting from skylarking supervisor

All in good fun

Enjoying the company of your colleagues is something most people hope to find in the workplace. It can make work much more enjoyable and lead to lasting friendships. However, fun in the workplace can cross a line when it takes the form of dangerous skylarking or roughhousing.

Read more...

Managing employee conduct and behaviour in the workplace

Draw the line

Managing employee conduct and behaviour can be a challenge. The question of what is appropriate and what is not appropriate in the workplace will depend on a variety of factors, including the industry in which the employees work, the overall culture of the workplace and community standards at any given time.

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.

Signup to receive the latest industry updates with commentary from the Workplace Law team direct to you inbox.