Tag: Proactive Controls
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The fallacy of the single individual: The $640,000 rail safety judgment and the collapse of monitored controls
The New South Wales judicial system has delivered a critical ruling confirming that a safety system whose success depends entirely on the continuous reliability of a single individual is inherently defective. In a major work health and safety decision, the court convicted Transport for NSW and applied a $640,000 fine under Section 32 of the…
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The Cost of Administrative Neglect: The SAET Decorative Ethanol Burner Precedent
The South Australian Employment Court (SAET) has penalized a prominent hospitality group, delivering a stark reminder that failing to operationalize manufacturer safety specifications or implement written safe operating procedures constitutes a severe breach of work health and safety laws. In Farrell v Winona Way Pty Ltd [2026] SAET 33, a hotel operator pleaded guilty to…
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The weaponisation of invisible risks: Safe Work Australia unleashes the first national biological hazards code
Safe Work Australia has finalised the national model WHS Code of Practice, Managing the risks of biological hazards at work. This newly minted regulatory instrument stands as the first comprehensive, standalone biological risk framework established anywhere in the world. The finalised code permanently alters corporate risk profiling by removing infectious agents, microscopic pathogens, and environmental…
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Essential welfare facilities: Safe Work Australia expands the work environment code to mandate period product access
Safe Work Australia (SWA) has formally updated the national model WHS Code of Practice, Managing the work environment and facilities, introducing an explicit compliance requirement for Persons Conducting a Business or Undertaking (PCBUs) to provide essential sanitary and period products. This national framework is reinforced by legislative activity across harmonised jurisdictions, where three states have…
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The limits of specific control measures: The SAET full bench decision in Dial A Tow Australia
The South Australian Employment Tribunal (SAET) Full Bench has overturned a high-profile work health and safety conviction against a towing company, providing important legal clarity on how regulators must prove specific safety breaches. In the long-running matter of SafeWork SA v Dial A Tow Australia Pty Ltd, the PCBU had initially been found guilty of…