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Work health and safety

What is an employer’s duty of care to a careless employee?

It has long been understood that the obligations of employers to provide a safe system of work are owed “not only to the careful and observant employee, but also to the hasty, careless, inadvertent, inattentive, unreasonable or disobedient employee in respect of conduct that is reasonably foreseeable”.  However, in two recent cases (one a safety prosecution,

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May 26
2019
Litigation and dispute resolution Work health and safety

Health (and safety) is other people – the wide reach of section 19(2) of the harmonised WHS Acts

Jean-Paul Sartre, as it turns out, never said, “Hell is other people” (although he did use that line in his 1944 play called Huis Clos, or No Exit).  Nor, as far as our researches have disclosed, did Sartre have much to say about work health and safety.  This is perhaps surprising, given the importance of duties which are

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September 9
2018
Work health and safety

Parental advisory – when are parent companies (and their directors) liable for subsidiaries’ safety breaches?

In June 2012, a worker was seriously injured when he fell from the bucket of a loader in which he was working at a mine in Broken Hill.  The mine was operated by a company called Perilya Broken Hill Limited (PHBL).  As a result of the incident, both PBHL, and its parent company, Perilya Limited (Perilya),

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March 5
2018
Work health and safety

Work safety in the gig economy – riding or colliding?

This is a story about vicious cycles.  In the late 1990s, the CBDs of Australian cities were full of vicious cycles, propelled by vicious (or, at least, more than a little assertive) bicycle couriers.  Then, for a while, the vicious cycles seemed to disappear (perhaps because the rise of email made it easy to send

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March 15
2017
Work health and safety