"Bullying" versus "Reasonable Management" actions
Two recent bullying cases addressed by the Fair Work Commission highlight a need to understand the difference between bullying and “reasonable management actions.” In these two cases the FWC had to determine whether the actions alleged to be bullying actually amounted to bullying or were appropriate reasonable management actions. What is “bullying”? “Bullying” is when a person or group of people repeatedly behave unreasonably towards another worker or group of workers, and t
Food Delivery Riders Need To Be Inducted
For some time now, there has been a steady stream of news reports where food delivery riders in our major cities have been involved in accidents with buses, trams, cars, and pedestrians. It is common for foreign students to do this kind of work while they study in Australia. During February 2021, SafeWork NSW undertook field inspections and compliance assurance activities of food delivery riders. There were 287 inspections. The inspections revealed that the riders were pred
Workplace fatality sees directors personally charged for breaches of duty under WHS Law
In many small businesses, directors are not only decision-makers but are also directly involved in day-to-day activities. This hands-on involvement brings unique advantages, but it also increases accountability under Work Health and Safety (WHS) law. Directors are recognised as “officers” of a Person Conducting a Business or Undertaking (PCBU) and, as such, carry significant legal obligations. Their foremost responsibility is to ensure the business maintains an effective WHS
Foreign businesses must abide by Australian Work Health and Safety Laws
Many commercial businesses operating in Australia are owned and managed by overseas companies. In most cases, a company from another...
What a Health and Safety Committee is Not
It has been over 10 years since New South Wales adopted the Model WHS laws. The WHS Act and WHS Regulation replace the repealed OHS Act ...
Consultation on Psychosocial Hazards & Risks
WHS law in NSW requires that a PCBU (business, corporation, organisation) consult with its workers on matters relating to health and safety
WHS duties are non-delegable
Not Only are WHS Duties “Not Transferrable” … but it is also illegal to subcontract out WHS duties too!
PCBU and Worker both prosecuted
In Stephen James Orr v Cudal Lime Products Pty Ltd; Stephen James Orr v Simon Shannon [2018] NSWDC 27 a woman was fatally electrocuted...
How and When to Review Your First Aid Arrangements
There is nothing like a real first aid emergency to test whether your first aid response, treatment and procedures are adequate and ...