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Case Archive


All OHS legal cases reported in the Daily Digest are stored in this cases archive. Case reports provide updates on key case law developments relating to OHS in the workplace.
 
The cases archive is fully searchable by keywords, industry and jurisdiction via the search facility.
 

2010 2009 2008 2007 2006 2005 2004 2003
2002
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Date # Title
20/12/2002 141 Fatality on building site results in $60,000 fine
17/12/2002 140 Tractor accident could have been prevented
17/12/2002 139 Company convicted after 16-year-old apprentice falls from roof
13/12/2002 138 Duty of care under commercial lease owed to employee of tenant
12/12/2002 137 Train driver convicted in uncommon OHS prosecution
11/12/2002 136 OHS prosecutions update
11/12/2002 135 Safe system required when new machine introduced
4/12/2002 134 Employer entitled to protect staff, customers from abusive employee
2/12/2002 133 Maintenance training failure results in mining machinery fatality
28/11/2002 132 $50,000 fine after ditch-digger incident that sees worker's legs amputated
27/11/2002 131 Bullying serious, but did not justify summary dismissal
26/11/2002 130 OHS case notes
25/11/2002 129 Forklift fall results in $50,000 fine
25/11/2002 128 Waste firm fined $155,000 over employee's death
21/11/2002 127 Related companies can confuse issue of OHS liability
15/11/2002 126 Demotion for breaching OHS procedure justified
15/11/2002 125 Workers compensation payments wrongly stopped after unfair dismissal
15/11/2002 124 Back injury compensable despite evidential short-comings
14/11/2002 123 Disability not compensable as it did not arise from employment
13/11/2002 122 AIRC can settle dispute over application of OHS clause in agreement
13/11/2002 121 Truck and equipment held not to be plant
13/11/2002 120 Employer fails to protect employee from psychological harm
12/11/2002 119 Drug use during work excludes worker from workers comp cover
6/11/2002 118 NSW Public Works department failed to provide scaffold
4/11/2002 117 OHS prosecutions - Victoria
4/11/2002 116 Assessment of damages for mesothelioma
1/11/2002 115 Privilege against self-incrimination granted after workplace death
28/10/2002 114 Vic cases and prosecutions
25/10/2002 113 Principal business liable for injury to contractors' employee
25/10/2002 112 Employer's failure to act on risk warning contributed to employee's death
24/10/2002 111 Large fine for rail corp: employee hit by tr
24/10/2002 110 Large fine for rail corp: employee hit by train
23/10/2002 109 Cases and prosecutions update
22/10/2002 108 Pre-requisite to common law claim not satisfied
18/10/2002 107 Worker successfully challenges 'expired' return to work plan
18/10/2002 106 Fatal risk management breakdown results in $294,000 fine
17/10/2002 105 Penalty imposed for death of small child
17/10/2002 104 Employer's
16/10/2002 103 Prosecution summaries: Tas and Vic
16/10/2002 102 Prosecution summaries: SA and WA
15/10/2002 101 Employer prosecuted for failing to ensure he
15/10/2002 100 Employee's health was discrimination issue
14/10/2002 99 Employer prosecuted for failing to ensure health and safety of contractor
14/10/2002 98 Workers comp case wrongly struck out
11/10/2002 97 Appeal not justified in workers comp matter
11/10/2002 96 Back condition not work-related
4/10/2002 95 Labour hire worker deemed employee despite contrary documentation
3/10/2002 94 Company director fined for refusing investigator access
2/10/2002 93 $326,000 damages overturned - causation of workplace accident in question
2/10/2002 92 Charges for psychological counselling rejected by court
27/9/2002 91 $20,000 fine for Victorian building site death
23/9/2002 90 Labour hire firm fined $25,000 over contractor safety breach
20/9/2002 89 OHS provisional improvement notice correctly cancelled
19/9/2002 88 Small business prosecuted over contractor's death
18/9/2002 87 Exaggerating workplace injury to justify extended absence resulted in abandonment of employment
17/9/2002 86 NSW Workers comp payments to be repaid if subsequent common law damages
16/9/2002 85 Federal union prosecutes NSW OHS breaches
13/9/2002 84 Dismissal upheld due to potential serious consequences of actions
6/9/2002 83 OHS & workers comp cases
6/9/2002 82 Link between absence of trauma counselling and psychological injury not proved
4/9/2002 81 Subcontractor falls from ladder - fails to prove negligence
4/9/2002 80 Independent contractor finding rules out workers comp claim
2/9/2002 79 RTA guilty over gas bottle explosion
29/8/2002 78 Court triples fine for safety breach
27/8/2002 77 Company fined $25,000 over chlorine incident
26/8/2002 76 McDonald's pleads guilty to systems, training lapse
23/8/2002 75 Company fined $50,000 after scaffolding death
22/8/2002 74 Litigation notes
21/8/2002 73 Prosecution notes
20/8/2002 72 Asbestos removal results in $90,000 fine
16/8/2002 71 International prosecutions
14/8/2002 70 Failure of system and training resulted in serious accident
14/8/2002 69 OHS prosecutions
13/8/2002 68 Onus on contractor to take care to avoid fall from ladder
8/8/2002 67 OHS prosecutions update
3/8/2002 66 No responsible person - no policies - no risk assessment
30/7/2002 65 Cases round-up
23/7/2002 64 Unblemished OHS record was a mitigating factor
19/7/2002 63 Deadline no excuse for lack of safety scaffold
18/7/2002 62 Labour hire firm required to define safety policy, train employees
5/7/2002 61 No safe system for new machine 
5/7/2002 60 Fines double whammy for illegal waste disposal 
2/7/2002 59 NSW counsellor defrauded WorkCover by $22,000
2/7/2002 58 'Honest' mistake no excuse for pesticide discharge
24/6/2002 57 International prosecutions
12/6/2002 56 Workers cut down to size on whole of life safety program
11/6/2002 55 NSW Public Works department failed to provide scaffold
9/6/2002 54 Link between absence of trauma counselling and psychological injury not proved
9/6/2002 53 OHS & workers comp cases
6/6/2002 52 OHS prosecutions
3/6/2002 51 Condoning weight loss can hurt businesses 
3/6/2002 50 Accident-free history not a defence
31/5/2002 49 Which job applicable when man dismissed?
27/5/2002 48 'Aggressive' supervisor did not cause injury
24/5/2002 47 Ad hoc training not enough
17/5/2002 46 NZ hospital that worked to prevent contractors becoming patients
15/5/2002 45 $10,500 fine for cylinder explosion
6/5/2002 44 Appeal upholds reinstatement to light duties
30/4/2002 43 Two incidents at construction site result in $168,000 fine
29/4/2002 42 Sport carries inherent risks but care still needed

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