The recent Work Health and Safety Act 2020 (WA), effective from March 2022, has heightened the severity of consequences for failing to maintain a safe workplace. WorkSafe has initiated its first four prosecutions under the Act, with three facing fines of up to $3.5 million.
First case:
Wesbeam Pty Ltd, faces charges of failing to manage its plant safely after an incident at it’s Neerabup factory where a worker suffered severe injuries. The operator was attempting to clear a conveyor belt blockage when his arm was pulled into an unguarded section, causing him to require extensive medical treatment.
Second and third case:
In a similar matter, both MLG OZ Limited and Evolution Mining (Mungari) Pty Ltd were charged with neglecting worker safety at a gold mine west of Kalgoorlie. A heavy diesel mechanic sustained serious injuries when his arm was crushed while clearing an obstruction near an unguarded roller of a mobile stacker.
Fourth case:
Additionally, a worker faces charges for unauthorised asbestos removal. The worker allegedly extracted 41 meters of asbestos fencing in Beckenham without a proper license, which was later discovered by a fencing installer.
Key Takeaways:
These cases highlight critical lapses in workplace safety and regulatory compliance. Employers have a legal obligation to protect their employees by managing risks in a manner considered reasonably practicable. Failure to fulfil this duty can result in substantial penalties, including fines and even imprisonment. Courts tend to respond more favourably to defendants who show a proactive approach to health and safety responsibilities.
To minimise the risk of liability under WHS regulations, it’s crucial for your organisation to demonstrate proactive management of workplace hazards. This involves identification of potential hazards, thorough evaluation, risk assessment and implementation of control measures to mitigate or eliminate these risks. Maintaining documented evidence of these risk management efforts is highly advisable.
How we can help:
ProcessWorx streamlines WHS management by guiding businesses through our Shield WHS Package. With a dedicated WHS Advisor, you’ll receive thorough support covering risk assessments, mandatory registers, tailored WHS systems, and regulatory compliance. ProcessWorx will keep you up to date when laws change and will provide assistance in an emergency.
If you would like to learn how ProcessWorx can help with Human Resources or Work Health & Safety, please contact us on 08 9316 9896, enquiries@processworx.com.au. Also watch an Introduction to ProcessWorx.
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