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: prosecution
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
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
Importance of understanding work-as-done: Fascinating extracts from CEO due diligence prosecution
Understanding work-as-done seen as critical for PCBUs and CEOs/Officers, according to this prosecution of a CEO who failed to exercise due diligence relating to a work-related fatality (Ports of Auckland Limited (POAL). Extracts: · “[234] “Work as done” is the reality of work as it is actually carried out by the workers on the shop floor.… Continue reading Importance of understanding work-as-done: Fascinating extracts from CEO due diligence prosecution
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