This prosecution resulted from multiple workers falling to the ground with an ice compressor, as the roof space flooring gave way. It discussed moral culpability and duties between a client and their influence or control over works and contractors versus the contractors. Read the case for details on the incident. Extracts: · “Safe Work Method Statement… Continue reading SafeWork NSW prosecution: moral culpability, PCBU duties and control over works, and SWMS
Tag: legal
SafeWork prosecution and the legal definition of risk, reasonably practicable, and what ought reasonably to have been known
This prosecution judgement related to a serious injury, after heavy stone slabs tipped off a truck tray onto a worker. Some extracts I found interesting: · “state of knowledge applied to the definition of practicable is objective. It is that possessed by persons generally who are engaged in the relevant field of activity and not the… Continue reading SafeWork prosecution and the legal definition of risk, reasonably practicable, and what ought reasonably to have been known
‘Reasonably practicable’ in the context of an Australian workplace fatality prosecution
What’s reasonably practicable? Some extracts from a legal appeal concerning a workplace fatality prosecution, with a focus on the interpretation of ‘reasonably practicable’. The prosecution related to a tow truck tilt tray which had been modified so that the headboard no longer tilted with the tray, but remained in place. Some toolboxes were then placed… Continue reading ‘Reasonably practicable’ in the context of an Australian workplace fatality prosecution
Night shifts and large gaps between work-as-prescribed and work-as-done: Maritime NZ case
Final post from the Maritime NZ case where the CEO (Gibson) was charged under a failure to exercise due diligence for a work fatality (Ports of Auckland Limited (POAL). Some extracts on night shift work and work-as-done: · “prior to Mr Kalati’s death, there was a culture, particularly on the nightshift, of the stevedores engaging in… Continue reading Night shifts and large gaps between work-as-prescribed and work-as-done: Maritime NZ case
Ineffective audits and systems and false safety: Maritime NZ legal case
Third post from the Maritime NZ case where the CEO was charged under a failure to exercise due diligence for a work fatality (Ports of Auckland Limited (POAL). Some extracts on audits (and systems in post 2 in comments): · “Any effective system should also incorporate regular review and audit processes” · “the prosecution submits that prior… Continue reading Ineffective audits and systems and false safety: Maritime NZ legal case
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