08:05 am, Saturday 29 August, 2009

The state’s safety laws will be challenged in the High Court next month. NSW imposes on employers an absolute duty of care to provide a safe workplace. This is unlike other states, where employers only have to do what is “reasonably practicable.” Further, there is no right of appeal from the NSW Industrial Court to the civil or criminal courts. So in NSW, the employer’s duty applies even in circumstances where employees are hasty, careless or disobedient. In 2006, a hobby farmer was fined $110,000 by the NSW Industrial Relations Commission after a part-time farm manager was killed while moving heavy steel using an All-Terrain Vehicle. The hobby farmer contended he had no farming experience, and took no part in the running of the farm due to ill health. The accident occurred when the manager hitched the steel incorrectly to the vehicle – to its racks rather than its tow bar. He also chose not to stick to a sealed road, driving the vehicle down a short-cut steep hillside instead. He was killed when the Vehicle Overturned. The Commission found that the hobby farmer had failed to establish a system to prevent the risk of the heavy terrain vehicle overturning when driven off the road or when used for towing. This was desipite warnings on displayed on the front and back racks of the vehicle that they should not be used for towing. A new national system for OH&S laws is about to replace the current state-based workplace safety system. The proposed system adopts the “reasonable practicable” duty, contrary to the NSW system, placing the burden of proof on prosecutors rather than employers. Report by OHS News Reporter Julia Alder – Do you have an OHS News Story – Let us know

Report by Julia Alder - Do you have an OHS News Story - Let us know