Courtenell Pty Ltd
as Trustee for the Vowles Family Trust
WHS Training Specialists, Sydney, Australia
email@example.com ~ PO Box 622 Broadway NSW 2007
ABN: 42164393628 ~ ACN: 050109281
Lack of Adequate Supervision Cost $588,000
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Avoid WHS Prosecution by SafeWork NSW
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$945,000 Undertaking Stops WHS Prosecution
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In July 2016 the NSW Court of Appeal awarded a worker $588,000 in damages for a disabling injury suffered at work.
This article explains why the PCBU was found liable, how the injury could have been easily avoided, and how you might use this case to review safety in your workplace.
Why the PCBU was Liable for the Injury
The worker was employed by a veterinary pharmaceutical company. Her job included regularly emptying a 25kg bag of powder into a hopper. The safe work procedure included a "lifter" that minimised the manual lifting needs of the job.
However the worker made a small but significant variation to the safe work procedure that she had been instructed to follow. The worker did not know that her variation could create a high risk of spinal deterioration over a period of time. And the worker already had a pre-existing disc degeneration in the spine.
In Dec 2011 after leaning forward at the waist, lifting the bag with her right arm, and twisting towards the hopper to empty the bag, the worker experienced pain in her back and was unable to continue work.
The Court agreed that the company had a safe work procedure but found that the PCBU was liable for the injury and had to pay damages to the worker because the worker had not been supervised or corrected on her incorrect application of that work procedure.
How the Injury Could Have Been Avoided
Adequate supervision and further instruction as needed are obviously actions that would have avoided this injury.
Also information, instruction or training about the manual handling risks involved in this job would have helped avoid this injury. The injured worker and the supervisor needed to know the how and why of minimising the risk of manual handling activities in their workplace.
Using This Case to Review Your Workplace
Even though you do not have the work activity involved in this injury you may like to consider the following points in the context of your workplace.
In your workplace, have all workers been instructed in safe work procedures that are relevant to their work activities?
Have all workers been instructed or trained in controlling the manual handling and other risks involved in their work activities?
Do Supervisors ensure that all workers are working in accordance with safe work procedures?
Do Supervisors provide supervision in their area of the workplace as needed to protect all persons from risks to their health and safety arising from work activities?
Do Managers ensure that the Supervisors they manage take appropriate actions about health and safety in their area of the workplace?
You can read the full judgement of this NSW Court of Appeal case by clicking this link Jurox Pty Ltd v Fullick  NSWCA 180