Tag: Case Study
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The Death of Hatzimanolis: The High Court Rewrites the Rules for Work-Interval Injuries
For more than two decades, the boundaries of an employer’s workers’ compensation liability during work-related travel were governed by a relatively generous legal principle. Under the classic High Court ruling in Hatzimanolis v ANI Corporation Ltd (1992), an injury occurring during an authorized interval in a remote or temporary work assignment was generally compensable, provided…
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The High Court Kirk Precedent Sweeps Into Queensland
For years, safety prosecutions in Queensland operated under a reverse-onus framework that heavily favored the regulator. If an incident occurred, Workplace Health and Safety Queensland inspectors would issue broad, generalized complaints, leaving the employer with the monumental task of proving they had taken all reasonable precautions. That era of regulatory convenience ended abruptly in the…
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2007 Tesco Fire investigation reveals 5 breaches
Following a fire in 2007 Tesco in London was found to have breached 5 different legislative obligations in relation to fire safety, including keeping exits clear and ensuring fire doors remained closed. The breaches cost the retailer over £100,000 in costs / fines.
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UK retailer John Lewis fined for asbestos exposure during refurb works
UK Department Store John Lewis was fined £20,000 in 2010 after failing to follow appropriate safety procedures concerning asbestos checks, resulting in the possible exposure of the dangerous substance to 15 construction workers.
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Primark Safety Considerations
One of the things that first hits you when shopping on Oxford Street in England is the volume of shoppers. Turnover on Oxford Street, with more than 300 shops on its 1.5 mile length was up 6.2% in the first half of the year and is expected to break 5 billion by the New Years…
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The High Cost of Housekeeping Failures
It is easy for safety professionals to become consumed by complex technical hazards, major hazard facilities, and high-level engineering controls. Yet, basic slips, trips, and falls remain the most frequent drivers of severe workplace injuries and common law liability. The Incident A worker initiated common law proceedings after suffering severe, career-ending musculoskeletal injuries. The injury…
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Difficulty identified with PIN notice review by Fair Work Commission
Difficulties with the model WHS Act are already being encountered by the Fair Work Commission who recently found the regulator had no jurisdiction to review a PIN notice at the request of a HSR following an inspectors decision to remove the notice. Only the person who the notice was issued to has the right to…
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Worker successfully claims for injury during journey to work in SA
A worker has successfully argued before the Workers Compensation Tribunal in South Australia that a journey between home and work in an employer supplied vehicle was “undertaken in the course of carrying out duties”.
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SA lost more than 560,000 days of productivity due to claims in FY12
SafeWork Australia’s 2012 numbers reveal South Australia has the highest average premium of any Australian jurisdiction, losing more than 560,000 days of productivity during FY12.