The Queensland Supreme Court recently issued a judgment against an employer in a major Work Health and Safety proceeding involving a million dollar damages award. The decision further emphasizes the importance of having an effective Work Health and Safety management system in place, and the cost of inaction can be severe, both personally and financially.

In the case of Souz v CC Pty Ltd [2018] QSC 36, an underground mine worker sustained a serious neck injury when the loader he was driving collided with a steel roof beam.

The loader’s canopy rose after a lever was inadvertently triggered by the worker’s gumboot catching against it. The incident occurred despite specific warnings from the vehicle’s manufacturer about the hazard posed by the lever, and the significant risks associated with operating vehicles in underground mines.

In response to the employer’s contention the worker should have known the canopy had been raised, and that he had forgotten to lower it prior to the collision, Justice McMeekin noted that under the law, employers are obliged to bring into account worker thoughtlessness or inadvertence in determining what precautions should be taken.

The court also identified that the step taken by the employer after the incident - making and installing a guard out of scrap metal in less than two hours - would have prevented the incident occurring and was demonstrative of how a simple and low cost control measure could have been taken.

Taking into account the worker’s injuries, associated trauma and loss of past and future earnings, the court awarded damages in the sum of $1,125,949.

For employers with significant penalties for WHS breaches there is more incentive than ever before to examine and take reasonably practicable steps to eliminate or reduce the risks which can arise from hazards in the workplace. Simple yet essential measures include:

• Ensuring all manufacturer and supplier safety warnings for plant and equipment are reviewed
• Ensuring the risks identified from those safety warnings are reduced or eliminated via appropriate controls
• Consulting with workers to identify potential health and safety issues with their work processes, plant and equipment and tools, and providing workers with opportunities to contribute to identifying appropriate control measures in response
• Conducting risk assessments while taking into account the thoughtlessness or inadvertence of workers (i.e. plan for the worst-case scenario)
• Ensuring all hazardous work is completed by appropriately qualified and licensed workers
• Refreshing workers on safety basics, such as electrical isolation procedures and pre-start risk assessments